Tag Archives: workplace

Workplace Harassment and Intentional Infliction of Nervous Shock Damages

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

Posted in Damages for Bad Faith, Mental Distress and Personal Injury, Human Rights and Discrimination | Tagged , , , | Leave a comment

Why Employers Should Use Non-Solicitation Agreements

The primary purpose of a non-solicitation clause in a contract of employment is to protect the employer from having its customers, clients, suppliers, or employees poached by a departing employee. Without a non-solicitation clause in … Read More

Posted in Employment Contracts, Non-Competition Agreements, Non-Solicitation Agreements | Tagged , , , , | Leave a comment

Accepted Job Offer No Longer Available Days Prior to Start Date

When a job offer is made and signed by the candidate, a contractual obligation has been formed. The employee has agreed to provide services and the employer to provide compensation for services received. If the … Read More

Posted in Employment Contracts, Employment Law Advice, Reasonable Notice | Tagged , , , | Leave a comment

Can attending a white supremacist rally be grounds for dismissal?

After several attendees of last month’s white nationalist rally in Charlottesville, Va., were outed on social media and then quickly fired, Canadian employers are asking, “Can attending a white supremacist rally be grounds for dismissal?” … Read More

Posted in Cause for Dismissal, Constructive Dismissal, Discrimination in the Workplace | Tagged , , , | Leave a comment

What You Can Do About A Hostile Work Environment

A hostile work environment is distressing for employees and costly for employers. Fortunately, the law provides many ways to combat and prevent hostile work environments. An employee who is subject to a hostile work environment … Read More

Posted in Constructive Dismissal, Human Rights | Tagged , , , | Leave a comment

Addressing Legal Issues Related to Mental Health

The Mental Health of Employees at Work Addressing the legal issues related to the mental health of employees at work is one of the more perplexing issues facing employers in Canada. It is because of … Read More

Posted in Employment Law Advice | Tagged , , , , , , , , , , , , , , , , , , , , | Leave a comment

Daniel Lublin on CFRB 1010

Daniel Lublin discusses the recent privacy ruling handed down by the Ontario Court of Appeal. Read More

Posted in Employment Law Advice, In the Media | Tagged , | Leave a comment

La Pornographie Au Travail

By Cédric P. Lamarche Puisque l’internet permet l’accès à un monde électronique sans frontière, la majorité des employeurs adoptent des règles très rigides en ce qui a trait à la consultation de sites internet lors … Read More

Posted in Breach of Policy, Cause for Dismissal, Employment Law Advice, Human Rights, In the Media | Tagged , , , , , , , | Leave a comment

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.
Read More

Posted in In the Media | Tagged , , , , , , , , , | Leave a comment

Workplace harassment is a common employment law case

Here are five most frequent files appearing on my desk and in court dockets 1. Workplace HarassmentFollowing Canada’s first million dollar workplace harassment award, I can expect to see more of these claims walk through … Read More

Posted in Wrongful Dismissal | Tagged , , , , , , , | 2 Comments