Manager Exception
Home › Index of Contents › Unjust Dismissal: Status: Manager Excluded Unjust Dismissal: Status: Manager Excluded The term “manager” is not defined in the Code. Recent case law has offered…
Twelve Consecutive Months
Home › Index of Contents › Unjust Dismissal: Status: Twelve Consecutive Months Unjust Dismissal: Status: Twelve Consecutive Months The Regulations passed under the Code define continuity of employment not to…
Dependent Contractor
Home › Index of Contents › Unjust Dismissal: Status: Dependent Contractor Unjust Dismissal: Status: Dependent Contractor The issue of employee, dependent contractor and independent contractor was reviewed in a 2018…
Status to Bring the Claim
Home › Index of Contents › Unjust Dismissal: Status to Bring the Complaint Unjust Dismissal: Status to Bring the Complaint The statute allows a "person" to bring the complaint. The…
Reasons for Termination
Home › Index of Contents › Unjust Dismissal: Employer’s Response re Reasons for Termination Unjust Dismissal: Employer’s Response re Reasons for Termination The company’s reply to the request for reasons…
The Canada Labour Code Remedy
Home › Index of Contents › Unjust Dismissal Remedy Unjust Dismissal Remedy The Statute The Canada Labour Code sets the qualifiers which are required for an Unjust Dismissal complaint by…
Anecdotal Review
Home › Constructive Dismissal › Anecdotal Review of Constructive Dismissal Cases These cases are all fact driven. They are presented in date order, most recent first. The principled review is…
Constructive Dismissal Case Law Pre-Potter
Home › Constructive Dismissal › Constructive Dismissal Prior to Supreme Court of Canada in Potter Potter, as reviewed above, did not dramatically revise the common law dealing with constructive dismissal…
Impact of Evans
Home › Constructive Dismissal › Evans: Mitigation & Constructive Dismissal The fundamental precept of Evans is whether a reasonable person would accept the offer extended by the employer to mitigate…
Duty to Mitigate – Mifsud & Evans – Intro to Mifsud
Home › Constructive Dismissal › Mitigation & Constructive Dismissal: Mifsud & Evans Duty to Mitigate by Accepting the Alternative Position Mifsud is a 1989 decision of the Ontario Court of…
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