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Refusal of Unsafe Work: An Abusive Supervisor

Refusal of Unsafe Work: An Abusive Supervisor

March 2, 2018 | No Comments

Under health and safety legislation, employees have the right to refuse unsafe work. Unsafe work includes many aspects of the workplace, such as equipment, building structure, any dangers not typical to the job, and workplace … Read More

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What Are Your Rights When it Comes to Severe Contract Restraint?

February 27, 2018 | No Comments

Question: I am a registered nurse. My employer has created a contract restraint stating I must repay $50,000 if I leave before 5 years and each year of employment the amount to repay will decrease … Read More

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Human Rights Law and Recruitment Practices: Does this apply to recruitment agencies?

Human Rights Law and Recruitment Practices: Does this apply to recruitment agencies?

February 27, 2018 | No Comments

Hiring practices that have a discriminatory effect upon protected grounds under the human rights law are prohibited. Protected grounds include, but are not limited to, gender, family status, religion, creed, race and so forth. The … Read More

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Severance Pay: Reasonable Notice and Minimum Statutory Notice

Severance Pay: Reasonable Notice and Minimum Statutory Notice

February 27, 2018 | No Comments

Minimum Entitlement Under Law The amount of severance pay an employee is owed when dismissed without misconduct varies between common law (judge-made law) and employment law. Employment legislation provides about a week of notice or … Read More

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Manner of Dismissal Matters: A Case of Sexual Harassment

Manner of Dismissal Matters: A Case of Sexual Harassment

February 21, 2018 | No Comments

The manner of dismissal may lead to significantly more costs in damages in any event, and, in particular as will be discussed here, when intersected with human rights issues. In the event that a human … Read More

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Termination Clauses and Constructive Dismissal Claims

February 21, 2018 | No Comments

When an employer unilaterally changes an essential term of the employment contract, the only remedy in employment law would be for an employee to claim constructive dismissal. What this means is that the employer imposed … Read More

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Unjust Dismissal and Adjudication Under the Canada Labour Code

Unjust Dismissal and Adjudication Under the Canada Labour Code

February 21, 2018 | No Comments

Just cause may be established by a progressive discipline (verbal warning, written warning and then termination, for example), or for a single incident of misconduct. For a single act, the misconduct must cause a fundamental … Read More

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Vote for Whitten & Lublin!

Vote for Whitten & Lublin!

February 20, 2018 | No Comments

Whitten & Lublin PC is honoured to be nominated again for the Canadian HR Reporter’s 2018 Readers’ Choice Awards! To help us be the best service provider for Employment and Labour Law, for the 3rd … Read More

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Workplace Harassment and Intentional Infliction of Nervous Shock Damages

Workplace Harassment and Intentional Infliction of Nervous Shock Damages

February 16, 2018 | No Comments

When claiming the tort of intentional infliction of nervous shock against an individual, it must be proven that the act was intentional and that there was mental and/or physical suffering. It does not matter, however, … Read More

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Intoxication at Work: Is this cause for dismissal?

Intoxication at Work: Is this cause for dismissal?

February 9, 2018 | No Comments

Generally speaking, courts have been more sympathetic towards employees dismissed for intoxication; this is due to human rights tribunals viewing drug and alcohol addiction as a disability protected by prohibited grounds of discrimination under human … Read More

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