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Think before you let your fingers do the talking

April 28, 2008 | No Comments

Personal Digital Assistants (PDA’s), such as BlackBerrys, have grown in popularity. So much so, that employer’s are beginning to regulate the use of these devices at and even away from work. The reason: employees are … Read More

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PwC ponies up cash owed to workers for unpaid OT

April 24, 2008 | Comments Off on PwC ponies up cash owed to workers for unpaid OT

The world’s largest accounting firm, PricewaterhouseCoopers LLP, announced it will pay retroactive overtime to its Canadian staff. The move will see current and former employees finally receive compensation for unpaid overtime worked. The payment structure … Read More

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Sales rep launches lawsuit after ‘team-building’ exercise at Utah company leaves him traumatized

April 15, 2008 | 2 Comments

In Canada, the doctrine of constructive dismisal applies, which states, among other things, that it is a implied term of the employment contract that employee’s will be treated with civility, decency, respect and dignity. The breach of this term, on an objective basis, may permit the employee the resign and then sue for wrongful dismissal damages, having been able to consider the employer’s actions as tantamount to dismissal
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Labour Law in China: A growing sector

April 11, 2008 | Comments Off on Labour Law in China: A growing sector

The National Post published an article today titled; China’s ‘barefoot’ labour lawyers. It describing the rise of "citizens’ agents", assisting some of China’s estimated 150 million migrant workers regarding their labour rights. The article claims … Read More

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Don’t be too quick to sign

March 26, 2008 | Comments Off on Don’t be too quick to sign

This is the cautionary tale of two cases that reveal the fate of employees too quick to sign their names… In Barr v. Pennzoil-Quaker State Canada Inc. the court ruled that the deal was less … Read More

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Anything goes with job contracts

March 13, 2008 | Comments Off on Anything goes with job contracts

Canadian employers often protest that workplace laws favor their employees. My view is otherwise. Most employees lack the necessary bargaining leverage or sophistication to renegotiate unfavorable contract language. Should confrontation ensue, a well-drafted employment contract … Read More

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More on unpaid overtime class action suits – Law Times Article

March 3, 2008 | Comments Off on More on unpaid overtime class action suits – Law Times Article

Unpaid overtime. It is the issue at heart in two pending class action suits against major Canadian banks, CIBC and Scotiabank. The Law Times recently published an article updating readers on the current situation regarding … Read More

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Lawyer faces criminal charges after clients act on his advice

February 27, 2008 | No Comments

Similar to the employers’ obligation to provide advance notice of termination, employees must provide advance notice of their resignations, assuming there is no such contractual term that specifies another amount. The amount of notice is dependant on how long it would reasonably take the employer to find a suitable replacement. While wrongful resignation lawsuits in Canada are rare (proving a tangible economic loss is the reason), employees must still be careful.
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At-will workers refused the right to sue for fraudulent inducement

February 14, 2008 | No Comments

Canadian employees are not subject to at-will employment.  But their American counterparts are: Kenneth Smalley and four other plaintiffs were fired when their former employer The Dreyfus Corporation, terminated their employment without cause after the … Read More

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Sexism alledged by former Bell execs

January 16, 2008 | Comments Off on Sexism alledged by former Bell execs

A lawsuit and Human Rights complaint alleging gender discrimination has been filed by two women previously employed by Bell Canada. Fran Boutilier and Alison Green were recruited and hired on as vice-presidents in 2004. Their … Read More

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