Employees who have been dismissed from a job are required to make reasonable efforts to mitigate their damages – for example, by performing a job search, or in some circumstances by accepting a comparable job from their employer – but they are not required to take every possible step to find another job. Three recent decisions of the Court of Appeal of Québec outline the importance of taking a contextual approach in analyzing an employee’s duty to mitigate, especially in circumstances where mitigation efforts are unlikely to be successful.
This week, we’re highlighting an interesting article that was published in the June 2014 edition of Ottawa HR magazine by authors Tara Azulay and Kevin Barwin who are partners at Clariti Group. The article highlights the importance of building an organizational culture that supports employees and builds leadership by promoting employee engagement, collaboration and innovation. It also sets out six core competencies that can be integrated into professional development programs to help develop leadership in an organization.
If you are wrongfully terminated from your employment, you generally have two options for recovering the money you are owed from your employer: (1) filing a complaint or (2) starting a civil claim. This post highlights some of the main differences between the two options.
Whether you think you might go the beach, camping, or even just enjoy some relaxing time in your own backyard, you want to double check that you are following any workplace policies or clauses in your employment contract. These may place restrictions on when you can take your vacation, and what can be done with it if you don’t take it.
It has long been known that a demotion or significant reduction to an employee’s duties or remuneration can amount to a constructive dismissal. However, a recent decision, Damaso v. PSI Peripheral Solutions Inc., shows that an Employer unilaterally increasing an employee’s responsibilities and duties may lead to a finding of constructive dismissal.
The Supreme Court of Canada recently addressed the question of whether a partner can also be an employee of his or her firm. In doing so, the Court examined the individual’s dependency on the firm, and the extent of control that the firm exerted. The Supreme Court, in this case, decided that the partner was not also an employee for the purposes of human rights legislation. While membership in a partnership does not, itself, prevent an employment relationship, there needs to be a sufficient level of control over the individual by the firm before an employment relationship will exist.
Would you accept a cash payment to voluntarily resign from your job? A small number of American employees are given the opportunity to do just that. Recent attention has been given to these ‘Pay to Quit’ offers that have been provided, most notably, by online retailers Zappos and Amazon. While these programs are not adaptable to all workplaces (and have not yet appeared in Canada), their success will depend largely on purpose and implementation.
Employers must accommodate employees with family obligations. Last week, in a case called Canada (Attorney General) v. Johnstone, the Federal Court of Appeal gave us a clear set of rules to decide when employees have a right to that accommodation and just how far employers must go.
Think that ESA termination clause in your contract is valid because a lawyer prepared it a few years ago? As the law develops, doing what you always did will likely no longer be good enough. Standard employment agreements that have been in use for some time should be reviewed and considered in light of legal developments.
On April 17, 2014, the Ontario Superior Court of Justice released another interesting summary judgment in the employment context, Gregory Smith v. Diversity Technologies Corporation. This time, the case involved an employee dismissed for insubordination. It provides another example of the courts’ willingness to grant summary judgments in the employment context, even in cases where the documentary evidence is arguably incomplete and credibility issues are involved.