2021

The fact that your contractors ostensibly work for themselves does not make them independent. David Louie, an articled student at Roper Greyell, reviews a case where the British Columbia Supreme Court determined that a contractor in a position of economic dependence vis-à-vis the defendant was entitled to reasonable notice of termination.

Terminating a long-service employee for cause is a recipe for lengthy litigation if the employer doesn’t give that employee every opportunity to rectify the situation. Rick D. and Jessica M. show how Halterm Container Terminal built its case.

A worker becomes insubordinate after his employer announces a change in remuneration and gives him a period of time to accept the new order or find another job. The employer lets him go. The first thing Quebec’s CRT has to determine is…

We’ve all heard about managers relentlessly harassing underlings. But what about when it’s the other way around? Erin Cutler brings us the case of a nurse who wouldn’t take her manager’s “no” for an answer.

Courts remain split on the question of whether sexual misconduct is a firing offence. It’s a timely topic in the wake of the Jian Ghomeshi allegations, and those made against MPs and staffers on Parliament Hill.

The definition of “just cause” is never as straightforward as employers would like, says Stephen Goodwin, a partner with Hicks Morley in Waterloo, Ont. Recent decisions continue to underline the importance of the contextual and proportional approach…

Just-cause job security is one of the most important collective agreement provisions in unionized workplaces. Gordon Forsyth of Pink Larkin in Halifax looks at two recent cases providing informative interpretations of just-cause protection.