header1.jpg

You Think your Employee May have a Mental Illness that is causing Performance Issues. What do you do?

By , March 27, 2017 6:40 pm

One of your employees has been missing a lot of work lately and has also been unusually emotionally erratic. In addition to the attendance and behavioural issues there have been performance issues that you want to address. You suspect the person may have a mental illness. What do you do? The Duty to Inquire This Continue Reading…

Employer ordered to pay An Employee $ 100 000 for committing the Tort of Harassment

By , March 13, 2017 9:41 am

On a number of occasions I have written about the new types of damages that judges are awarding terminated employees. This blog discusses a case where a trial judge awarded an employee $ 100 000 general damages because the employer committed, among other things, the tort of harassment. Merrifield v The Attorney General There are Continue Reading…

Court of Appeal Gives Clarity to Termination Clauses

By , March 3, 2017 9:43 am

As we have written in the past, the enforceability of termination clauses is a hotly contested area of employment law. Employers who draft proper termination clauses in employment contracts can significantly limit their liability when terminating employees. A termination clause that is poorly written will not be enforced by a court. If the clause is Continue Reading…

Employer Ordered to pay $ 425 000 of Wrongfully Terminated Employee’s Costs

By , February 27, 2017 1:00 pm

In many wrongful dismissal cases, the legal costs associated with taking a case to trial exceeds the value of the legal claim. That is why the vast majority of these cases settle before trial. Rolling the dice and taking a case to trial can have serious financial consequences. Doyle v. Zochem Incorporated Consider a recent Continue Reading…

Probationary Clause Gets Employer Into Hot Water

By , February 14, 2017 8:57 am

Including a probationary period clause in an employment contract is not a good idea unless your organization is prepared to assess the suitability of the employee during the probationary period. Failure to do so can result in your organization being ordered to provide a probationary employee with common law reasonable notice of termination. This blog Continue Reading…

Panorama Theme by Themocracy