Knowledge & Perspective

Staying current is critical. We're pleased to provide insight and updates on case law and legislation that are relevant to our clients.

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October 4, 2017

Changing Tides: Enforcement of Termination Provisions

From the employer’s perspective, one of the most beneficial terms in an employment contract is a prescribed notice period in the event of a “without cause” termination.

August 11, 2017

Mitigation Income: What’s In and What’s Out?

Under the common law, an employee who is terminated without cause is entitled to reasonable notice of termination, or pay in lieu thereof. That entitlement is not free of conditions.

August 10, 2017

Working Notice not Appropriate for Employees on Medical Leaves of Absence

A recent decision of the Ontario Superior Court, McLeod v 1274458 Ontario Inc., 2017 ONSC 4073, confirms that working notice does not apply where an employee is unable to work due to a medical leave of absence.

June 30, 2017

SCC Declares Termination for Impairment in the Workplace Not Discriminatory

Canadian Courts have long wrestled with the protection of human rights in the context of workplace drug and alcohol policies.

June 28, 2017

Employer Permitted To Terminate Employees Receiving LTD Benefits

A recent New Brunswick Labour Adjudication decision addressed the sensitive issue of terminating permanently disabled employees on long-term disability leave (“LTD”).

April 5, 2017

Terminating a Probationary Employee? Not So Fast…

The recent decision of Pound v. iWave, 2016 PESC 39 (CanLII), is a good reminder for employers of the requirements to dismiss an employee during a probationary period.

January 26, 2017

No Obligation to Pay Long Term Incentive Bonus Upon Termination

The Alberta Court of Appeal clarified the law with respect to how long-term incentive plans should be treated when an employee is terminated.

January 10, 2017

Navigating Employment Law Tricky For Startups

So, you want to launch a business in Nova Scotia? Well, whether you want to disrupt the tech sector, break the Internet or brew some sour beer, you are going to need to understand what it means to be an employer subjected to a litany of employment laws.