Minimum Notice Limitations are Enforceable

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Introduction In Canada, employment is a legal contract.  The collective agreement in unionized workplaces represents the ultimate comprehensive contract between employer and employer.  It sets out the rights and obligations between the parties, including how employment-related disputes are to be resolved. The concept of a contract makes intuitive sense because both employer and employee voluntarily […]

Cumulative Cause.2

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Introduction The constitutional freedom of expression that Canadians enjoy does not extend to private workplaces.  What are employee limits on speaking out against private employers? The last Employment Law column narrated the story of Ms. Kim, a media specialist in the position of Senior Communications Manager employed by the International Triathlon Union (“ITU”).  Kim was […]

Cumulative Cause.1

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 The workplace “was not a grade five classroom”. Kim v. International Triathlon Union Introduction The workplace is a challenging setting to manage.  One must be proficient at dealing with a range of people with all kinds of personalities, backgrounds and styles.  The manager in small enterprises often also serves as the Human Resources and Legal […]

Legal Remedies at Human Rights Commissions

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Introduction Canada has one federal and separate provincial and territorial Human Rights Commissions established and governed by their respective enabling legislation. These human rights commissions exist to protect human rights, prevent discrimination, foster equality and resolve complaints. The various versions of human rights legislation are fundamentally similar across the country. This article describes the legal […]

Constructive Dismissal Still Under Construction

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“constructive dismissal can [occur when]… a series of acts that, taken together, show that the employer intended to no longer be bound by the contract.”  – Potter v. New Brunswick Legal Aid Services Commission [2015] 1 SCR 500  http://canlii.ca/t/ggkhh  Introduction Constructive dismissal was revisited by the Supreme Court of Canada last year in the case […]

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