I often receive phone calls from employees who are members of a union with inquiries about claims that they would like to pursue against their employers. Unfortunately, except in very limited circumstances, there is little that I can do as an employment lawyer to help them. The limited circumstances where I can assist a union … Continue reading As A Union Member, Can I Sue My Employer?
With the onset of the COVID-19 pandemic in March, courts across the province ceased operations almost entirely. At present, in the Superior Court of Justice, the only civil cases to be adjudicated are those considered urgent in nature. A link to the Notice issued by Chief Justice Morawetz setting out the various kinds of urgent … Continue reading COVID-19 – Urgent Applications During the Pandemic
Termination clauses or notice provisions in employment agreements are an area of employment law that continues to develop at a rapid pace. These provisions attempt to limit the amount of notice, or pay in lieu thereof, that an employee might be entitled to upon dismissal. My previous article on this topic can be found here. … Continue reading Update on Termination Clauses from the Court of Appeal
Most of the time, when a client comes to see me about a wrongful dismissal, the client tells me, "I only want what I am entitled to." However, most of the time, the client does not really know what he or she is entitled to in damages or compensation. The Court of Appeal's decision in … Continue reading What Am I Entitled To In A Wrongful Dismissal Claim?
Every employee suing for wrongful or constructive dismissal is required to mitigate his or her losses by taking reasonable steps to search for new work. This duty to mitigate is a topic that I have written about on several occasions. You can find links to these articles here and here. A question that I am … Continue reading How Long Can I Wait To Look For A New Job?
In a previous article, I wrote about the development of the tort of harassment. A link to this article can be found here. However, earlier this year, the Court of Appeal reversed the lower court's decision and concluded that there is no basis at this time to recognize a new cause of action based on harassment. … Continue reading Revisiting the Tort of Harassment
It is less and less common for an employee to spend his entire working career with one employer. In order to build a more impressive resumé and develop a greater skill set, it is not uncommon to find employees spending several years with one employer, then moving on to other opportunities, and repeating the process … Continue reading Can You Sue Your Former Employer For Giving A Negative Reference?
People quit or resign from their jobs for a variety of reasons. Some decide to do so after careful consideration of the advantages and disadvantages. For example, some leave their job for another position with a different employer. Others decide to resign on the spur of the moment, and sometimes in the heat of the … Continue reading Can I Change My Mind After I Quit?
Any time an employee is dismissed without cause and chooses to sue the employer for wrongful dismissal, the employee is obligated to attempt to mitigate his damages, or minimize his losses, by looking for similar work. In Michaels v. Red Deer College, the Supreme Court of Canada confirmed that an employee must take reasonable steps to … Continue reading Can I Seek Re-Training and Still Sue for Wrongful Dismissal?