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 […]

Termination for Insolence

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We hear that “attitude is everything”, and nowhere is this more important than at work. Consider whether the employee’s attitude below should be enough to justify his firing. Henry, 31, had been working for seven and a half years as an auto body repair technician at the Fox Ford dealership in Woodstock, New Brunswick. He […]

Reinstatement

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Introduction Many Canadians will remember the case of Lynden Dorval, the Edmonton public school teacher, who was fired by his school board for dispensing marks of zero to students who did not do their assignments. Recently the case reached the Alberta Court of Appeal on the question of whether Mr. Dorval should be reinstated to […]

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