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CASES AND TRENDS

Employer’s threat to recover damage cost from worker doesn’t work

Note threatening to deduct expenses changed employment contract and constructively dismissed worker: Court

Supreme Court of Canada weighs in on constructive dismissal

Suspension can lead to constructive dismissal, even if it’s paid

Timing is everything

Differing case law raises debate over validity of termination clauses that may or may not comply with legislation, depending on the timing of the termination

Mental stress damages don’t require ‘separate actionable wrong’: Court

Federal court overturns labour board decision that employee’s suspension was excessive but there needed to be a separate wrong to warrant aggravated damages

A failure to move on

Supervisor can’t put harassment complaint behind him, leading to second complaint

Employer must pay $30,000 for defaming former employee

Company owners made false accusations against former employee to clients

Hospital discriminated against nurse who forged prescriptions

Nurse’s misconduct was to obtain drugs to feed addiction; angry doctors swayed hospital’s decision not to pursue accommodation
Debra Pepler, scientific co-director at Prevnet.ca and a psychology professor at York University in Toronto, talks about the significant impact bullying and harassment can have in the workplace. Anastasiya Jogal reports.

At Your Fingertips: How Workplace Laws Impact Biometrics

Find the right balance between the business and legal advantages of using biometrics in the workplace with employee privacy and human rights concerns
Date: Aug 19, 2015
Time: 12 - 1 pm ET
Cost: 69.00

Mitigation: How to Keep the Damage to a Minimum

When facing a demand for dismissal damages, it’s important to be familiar with a dismissed employee’s duty to limit those damages
Employees can be terminated for cause without previous discipline, but it’s not easy
Every case is fact-specific but the Supreme Court of Canada recently set out the legal test