Sales rep launches lawsuit after ‘team-building’ exercise at Utah company leaves him traumatized
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
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
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
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
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
Lawyer faces criminal charges after clients act on his advice
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
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
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
Scotiabank becomes the newest class action defendant
Scotiabank has become the latest big Canadian bank to defend a class action lawsuit. A claim of $350 million against Scotiabank was announced in a press conference yesterday morning. It claims employees were routinely given … Read More
A new voice coming to the Tube?
Emma Clarke might not take London’s Underground to her next job. Ms. Clarke was the voice of "the Tube" since 1999. She recently posted audio clips mocking her own voice recordings used by the Tube. … Read More
