Defining “Cause” Too Broadly Invalidates CIBC’s Termination Provisions An employment contract cannot deprive an employee of minimum statutory entitlements merely by defining “cause” more broadly than the law permits. That…
Loss of Earning Capacity After Dismissal: Silva and More: A Review An employer’s conduct may damage an employee’s career long after the notice period expires. But proof of that damage…
A General Release Undermined by Its Specific Terms? A Questionable Decision in Kalal A broadly worded employment release should provide a measure of finality. In Kalal, the court accepted that…
Permanent Accommodation: What Evidence Establishes Undue Hardship? An employee performs modified duties for almost two years. Medical evidence then confirms that the restrictions are permanent. The employer ends the…
Workplace Investigations: When Is Litigation Privilege Waived? An employer retains an independent investigator after an employee threatens to sue. The investigator prepares a report for the employer and/or its counsel,…
Ending Disability Benefits May Itself Be Discriminatory An employer that improperly ends disability protection may face a claim for the benefits lost. The same conduct may also constitute disability…
Same Facts Do Not Mean the Same Issue Was Decided Two proceedings may arise from the same workplace events while addressing different legal questions. A decision in one does not…
Disability Benefits and Dismissal Following a Genuine Restructuring A genuine business reason for eliminating a position does not necessarily answer a human rights complaint concerning the termination of disability…
Litigation Privilege & Workplace Investigations Workplace Policy and the Purpose of the Investigation An early example of litigation privilege in a workplace human rights context is Order F2003-005, a decision…
Litigation Privilege: Overview Trend to Disclosure The Supreme Court in its 2006 decision in Blank v Canada stated, what was subsequently interpreted to be a “relaxation” in the acceptance of…
