On July 29, 2020, Bill 32: Restoring Balance in Alberta’s Workplaces Act, 2020 (“Bill 32”) received royal assent. Bill 32 brings a number of amendments to both the Alberta Employment Standards Code (“ESC”)
Continue Reading Bill 32: Practical implications for Alberta employers
In Waksdale v. Swegon North America Inc., 2020 ONCA 391, the Ontario Court of Appeal held that a seemingly enforceable “Termination Without Cause” provision in an employment agreement was unenforceable because the employer conceded
Continue Reading Recent decision of the Ontario Court of Appeal invites employers to conduct a holistic review of the termination provisions in their employment agreements
On April 6, 2020, the Alberta government announced additional changes to Alberta’s Employment Standards Code (the “Code”) in an effort to ease hardships caused by COVID-19. The changes include the following:
Continue Reading Alberta government extends temporary leave for employees
In Makela v. Horizon School Division No 67, 2019 ABQB 974, Master J.T. Prowse of the Alberta Court of Queen’s Bench dismissed an employee’s claim for wrongful dismissal arising out of a fixed-term employment
Continue Reading (Another) Pit-fall warning for fixed-term employment agreements
In McGuinty v. 1845035 Ontario Inc., 2019 ONSC 4108, Justice Gordon awarded $1,274,174.83 in damages to an employee who had been constructively dismissed. The employee was employed pursuant to a ten-year, fixed-term employment contract
Continue Reading Pre-nups are to marriage as termination clauses are to employment: you need to consider the end at the beginning
In Ruston v. Keddco Mfg. (2011) Ltd., 2019 ONCA 125, the Ontario Court of Appeal affirmed that an employer’s improper conduct in the course of terminating an employee’s employment and during the course of
Continue Reading An employer’s guide for what NOT to do: Ruston v. Keddco Mfg. (2011) Ltd.
After a number of open questions, Alberta Courts have continued to clarify the law of summary judgment, particularly as it applies to wrongful dismissal. In Rudichuk v. Genesis Land Development Corp, 2019 ABQB 133, the
Continue Reading Who has to prove what, when, and how? Summary judgment for wrongful dismissal in Alberta
In Katz et al. v Clarke 2019 ONSC 2188, the Ontario Divisional Court clarified an employer’s duty to accommodate an employee where there is a frustration of contract. The Divisional Court confirmed that an employer’s
Continue Reading Ontario Divisional Court clarifies termination of employment contract due to frustration
In the recent decision in Cormier v 1772887 Ontario Limited, an Ontario Superior Court judge stated that in some circumstances it would be reasonable to consider an employee’s years of service as an independent
Continue Reading Common law reasonable notice of termination for independent contractors?
A recent decision by the Alberta Human Rights Tribunal (the “Tribunal”) found that an employer, while seeking to reduce its workforce, dismissed an employee on the grounds of family status and physical disability, rather than
Continue Reading Employee dismissed based on family status and physical disability, Alberta Human Rights Tribunal rules
