Mondaq All Regions: Employment and HR > Unfair/ Wrongful Dismissal
Vincent Young
This recent Federal Circuit Court decision reminds us of the need for employers to ensure that redundancies are implemented on the basis of genuine operational reasons.
Thynne & Macartney
A worker should always be given an opportunity to respond or explain their behaviour before a termination occurs.
Appleby
Whether the decision of the Employment Tribunal was wrong.
Siskinds LLP
"Privity of contract" is a common law tradition. The rights and obligations imposed by contracts are private – strangers to the contract generally have no entitlement to enforce such rights
Roper Greyell LLP – Employment and Labour Lawyers
Reza Baraty alleged he was constructively dismissed from his position with Wellons Canada Corp. ("Wellons"). He considered: (1) his position to have been eroded...
McLennan Ross LLP
Workers' Compensation is a government-run, mandatory no-fault insurance program that provides compensation to injured workers without regard to fault or the employer's ability to pay.
Strigberger Brown Armstrong LLP
When it comes to resignations, the facts matter and the decision of Nagpal v. IBM certainly proves it.
Filion Wakely Thorup Angeletti LLP
In the recent case of Andros v. Colliers Macaulay Nicolls Inc., the Ontario Court of Appeal held that a termination clause was unenforceable
Blaney McMurtry LLP
Since frustration of employment routinely arises as an issue in LTD mediations, the following case may be of interest
Torys LLP
On August 30, the Ontario Court of Appeal affirmed a lower court's decision on the extent an employer can rely on a failsafe provision in a termination clause
DLA Piper
In Dalskog v. Crowsnest Pass Ecomuseum Trust Society, 2019 CarswellAlta 255 the Alberta Provincial Court held that if an employer was aware of an employee's limitations
DLA Piper
It is no surprise that the workplace is not immune to the changes seen in the transition from one generation to the next.
Andersen Tax & Legal
The legal question was whether she was entitled to compensation at the end of his temporary contract.
Dentons
In a recent Scottish case, the Court of Session has held that an Employment Tribunal (ET) was entitled to re-label the potentially fair reason for an employee's....
Dentons
Privilege is a well-known right entitling a person who is involved in legal proceedings, in certain circumstances, to withhold documents from inspection by their opponent during the disclosure process
Dentons
The public interest test was introduced as an additional requirement for whistleblowing protection in 2013
Dentons
In instances of serious misconduct, an employer may in certain circumstances want to suspend an employee who is being investigated as part of a disciplinary process
Butler Snow LLP
Unlike employees in private companies, government workers have much better job protection when it comes to speaking their mind about politics or other matters of public concern.
McDermott Will & Emery
Although multi-jurisdictional compliance is a challenge in relation to every aspect of employment law, the structure of employment contracts and the enforcement
Ogletree, Deakins, Nash, Smoak & Stewart
This decision is of practical significance for Ohio public employers for several reasons.
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Herrington Carmichael
In the case of Okwu v Rise Community Action, the EAT found that, in relation to whether a protected disclosure was in the public interest or not, it only requred the employee to have reasonable belief that it was.
Herrington Carmichael
We are pleased to provide you with the Herrington Carmichael LLP employment law update for September 2019.
Cassels Brock
More often than not, a resignation letter from a valued employee will be as welcomed by employers and human resources professionals alike as a skunk at a company picnic.
CCPartners
CCPartners has blogged on a number of court decisions over the last five years that have dealt with the enforceability of termination clauses
Vincent Young
This recent Federal Circuit Court decision reminds us of the need for employers to ensure that redundancies are implemented on the basis of genuine operational reasons.
Vincent Young
Each financial year, the Fair Work Commission's (FWC) Expert Panel for wage reviews undertakes it annual wage review and subsequently publishes its decision
Coleman Greig Lawyers
The Banerji decision supports employers who seek to protect their reputation from being undermined by employee conduct.
DLA Piper
It is no surprise that the workplace is not immune to the changes seen in the transition from one generation to the next.
Swaab
The article examines employer compliance with consultation requirements in the context of redundancy and unfair dismissal.
Filion Wakely Thorup Angeletti LLP
In the recent case of Andros v. Colliers Macaulay Nicolls Inc., the Ontario Court of Appeal held that a termination clause was unenforceable
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