Merrill Lynch Canada Inc. v. Soost (2010), 84 C.C.E.L. (3d) 241, 2010 ABCA 251; Soost v. Merrill Lynch Canada Inc., [2010] S.C.C.A. No. 399 [“Soost”] On April 14, 2011, the Supreme Court of Canada refused to grant leave to appeal the recent decision of the Alberta Court of Appeal in Soost. The major question on […]
Lisa McIntosh was awarded $12,500 in general damages, as well as lost wages, after being forced to leave her job due to sexual harassment by her boss, Zbigniew Augustynowicz. Ms. McIntosh worked at Metro Aluminum as a delivery driver. She had a brief consensual relationship with her boss, but called it off after a couple […]
This blog considers the implications that a recent criminal law decision may have for employment law. It is not often that criminal law and employment law intersect, but a recent evidentiary issue decided by the Court of Appeal for Ontario could have significant implications for employment law cases dealing with dismissals for cause or misconduct. […]
A recent endorsement from Justice Whitaker of the Superior Court of Justice underscores the importance of clarifying the terms of an employment contract and its termination provisions prior to accepting an employment contract. Peter Bowes was laid off from Goss Power Products Ltd. (“Goss”) after 3.5 years of employment. According to his employment contract, Mr. […]
It has been reported (read the Toronto Star’s story here), that Starbucks has recently dismissed one of its employees on the basis that her step stool accommodation was a danger to others. The human rights issue in this case is that the employee has a medical condition known as dwarfism (the employee is a “little […]
It is unusual for courts to award punitive or mental distress damages to terminated employees. Generally speaking, courts are reluctant to find that employers have an obligation upon termination beyond reasonable notice or pay in lieu of notice. A recent Superior Court of Justice case, Altman v. Steve’s Music Store Inc., is an exception. Shelley […]
In a decision released earlier this month, the B.C. Supreme Court awarded a former loan manager at a Vancouver credit union $220,000 in wrongful dismissal damages. The manager, Mr. Szczypiorkowski, was terminated for cause and without notice or pay in lieu of notice, after he sent an email to co-workers containing sexual jokes. In Szczypiorkowski […]
We’ve all heard an embarrassing story where a person hit “send” before the email or text was finished, sent a sensitive email to the entire group when it was intended for only one recipient, or stated something that he or she instantly regretted in an email or text. On September 9, 2011 the Toronto Star […]
In the recent decision Fulawka v. Bank of Nova Scotia, the Divisional Court of the Ontario Superior Court of Justice has certified a class action permitting Scotiabank employees to advance their unpaid overtime claims as a group, rather than on an individual basis. Specifically, the plaintiff employees claim that systemic flaws in Scotiabank’s policies and […]
In a recent British Columbia decision, the question before the court was whether an employee who stormed out of a meeting saying “I’m out of here!” was expressing an intention to quit, or an intention to go on vacation. What was at stake for the employee in Balogun v. Deloitte & Touche, LLP, 2011 BCSC […]
