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CASES AND TRENDS

Employee goes too far with constructive dismissal threat

Employee didn’t like changes to job and threatened legal action; employer took it to mean she didn’t want to work there anymore

Stay in school – at least during an educational leave

Employee took educational leave but had surgery and ended up working another job instead – without telling employer

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
Lyndsay Wasser, co-chair of the privacy group at McMillan LLP, sat down with Canadian HR Reporter to discuss pitfalls and benefits of using social media to conduct background checks during the recruitment process. Liz Foster 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
When an employee has to take an unplanned leave, there can be a ripple effect through the rest of the staff
Employers should ensure they don't unwittingly expose themselves to liability and penalties