Employment law court cases

Important employment law court cases from Canada in “easy to read” format.

Canada :: Does occupational health and safety law allow for limitations to be placed on the exercise of freedom to wear religious symbols?

CANADA Court Quebec Court of Appeal Case Singh v Montréal Gateway Terminals Partnership Date issued 12th September 2019 (reported late) Subject Does occupational health and safety law allow for limitations to be placed on the exercise of freedom to wear religious symbols? Substance This appeal concerned three Sikh truck drivers who were forced by a third-party company to wear a hard hat for their protection …

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Canada :: Should employees be paid an hourly premium for attending mandatory training or voluntary training courses?

CANADA Hearing Arbitration Case Unifor – Canada v Air Canada Date issued 4th February 2020 Subject Should employees be paid an hourly premium for attending mandatory training or voluntary training courses? Substance Two parallel claims were made by the Unifor union …

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Canada :: Failure to comply with mandatory health and safety obligations under the Canadian Labour Code

CANADA Court Supreme Court of Canada Case Canada Post Corp …

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Canada :: Employment liability after a transfer of undertaking

CANADA Case Manthadi v ASCO Manufacturing Court Ontario Superior Court of Justice Date issued 26th September 2019 Subject Employment liability after a transfer of undertaking Substance In November 2017, a company sold its assets to a new company and handed out termination notices and severance payments to their employees under the terms of the applicable employment regulation …

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Canada :: Employer flexibility does not modify employment contracts

CANADA Case Peternel v Custom Granite & Marble Ltd …

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Canada :: Fixed-term service contracts must contain early termination clauses

CANADA Case McGuinty v 1845035 Ontario Inc Court Ontario Superior Court of Justice Date issued July 9th 2019 Subject Fixed-term service contracts must contain early termination clauses Substance According to a sale agreement by which the owner of a business would sell their shares to a purchaser, the former would provide consulting services based on a 10-year fixed-term agreement between the parties …

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Canada :: Termination of disabled employees: severance pay is not always required

CANADA Case Belanger v Western Ventilation Products Ltd Court Court of Queen’s Bench of Alberta Date issued July 30th 2019 Subject Termination of disabled employees: severance pay is not always required Substance The employee concerned had received a 12-month working notice of termination, at the age of 63, without the option of payment in lieu …

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Canada :: Dependent contractor status explained

CANADA Case Thurston v Ontario (Children’s Lawyer) Court Ontario Court of Appeal Date issued July 31st 2019 Subject Dependent contractor status explained Background Apart from employees and independent contractors, a third category exists – the dependent contractor …

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Canada :: Discretionary bonuses may not be discretionary

CANADA Case: Thoma v Schaefer Elevator Components Inc Court: British Columbia Supreme Court Date issued: January 29th 2019 (reported late) Subject: Discretionary bonuses may not be discretionary Substance: The Supreme Court of British Columbia has held that the employer in this case had breached their employee’s contractual rights when they refused to pay them a “discretionary” bonus on termination …

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Canada :: Voluntary resignation, abandonment of employment, or wrongful dismissal?

CANADA Case: Nagpal v IBM Canada Ltd Court: Ontario Superior Court of Justice Date issued: 30th July 2019 Subject: Voluntary resignation, abandonment of employment, or wrongful dismissal? Substance: According to the facts of the case, the employee concerned was working for the employer for 24 years when he was promoted to a senior position …

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Canada :: Candidate lied their way into a discrimination claim

CANADA Case: Haseeb v Imperial Oil Limited Court: Ontario Human Rights Tribunal Date issued: 23rd August 2019 Subject: Candidate lied their way into a discrimination claim – employer penalised for complying with legal obligation …

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Canada :: Can unintentional discrimination still be considered unlawful discrimination?

CANADA Case: Moore v Ferro Court: Ontario Human Rights Tribunal Date issued: 24th January 2019 (reported late) Subject: Can unintentional discrimination still be considered unlawful discrimination? Substance: Employers should be careful about the way they handle a disgruntled job applicant and the notes that they keep during job interviews …

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Canada :: Employers need to draw their employees’ attention to any conditions applicable to bonus plans

CANADA Case: Dawe v Equitable Life Insurance ‎Company Court: Ontario Court of Appeal Date issued: 19th June 2019 Subject: Employers need to draw their employees’ attention to any conditions applicable to bonus plans Substance: The Ontario Court of Appeal has held that employers may stipulate “active employment” as a condition for bonus payments, provided that such a condition is drafted in a clear, unambiguous way and that employees are made aware of any conditions that may restrict their bonus entitlements after termination …

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Canada :: Case law on social media

In Canada, employers may take disciplinary action or terminate a contract of employment when an employee has posted disparaging or unsuitable comments about other employees or their supervisors on social media websites …

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Canada :: Settlement agreement and signed release does not prevent an employee from filing an unjust dismissal complaint

CANADA Case: Bank of Montreal v Li Court: Federal Court of Canada Date issued: 21st December 2018 Subject: Settlement agreement and signed release does not prevent an employee from filing an unjust dismissal complaint Substance: The Federal Court of Canada has upheld a decision that a settlement agreement and signed release does not prevent an employee from filing an unjust dismissal complaint under the provisions of the Labour Code (section 240) …

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