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Investigations Before Dismissal: Legally Optional, Practically Mandatory

Investigations Before Dismissal: Legally Optional, Practically Mandatory

by SBA Lawyers | Aug 25, 2021 | Employment Practices Liability

A recent decision out of Manitoba saw its Court of Appeal confirm that an employer was not obligated to conduct an investigation before dismissing an employee for “cause”. This is decision can certainly be considered a “win” for employers, who are feeling the pressure...
Investigations Before Dismissal: Legally Optional, Practically Mandatory

Don’t Panic! Plan. – Employers dealing with new termination clause invalidity

by SBA Lawyers | Jul 17, 2020 | Employment Practices Liability

On top of daily changes by the Ontario government to employment law in Ontario during the COVID-19 emergency, the Ontario Court of Appeal has added one more uncertainty employers need to manage. The Court’s June 17, 2020 decision, Waksdale v. Swegon North America...
Investigations Before Dismissal: Legally Optional, Practically Mandatory

Resignations: Will I stay or will I go?

by SBA Lawyers | Sep 25, 2019 | Employment Practices Liability

When it comes to resignations, the facts matter and the decision of Nagpal v. IBM  certainly proves it. In another notable case on resignations in Ontario, Schabas J. had to determine whether an employee’s failure to return to the workplace after his disability...
Investigations Before Dismissal: Legally Optional, Practically Mandatory

Court of Appeal finds employee’s “unequivocal” resignation equivocal

by SBA Lawyers | Jul 19, 2019 | Employment Practices Liability

In the decision of English v. Manulife Financial Corporation, the Ontario Court of Appeal has weighed in on when a change in circumstances may allow an employee to revoke a seemingly clear resignation. For the purposes of this blog, the facts in English are fairly...
Investigations Before Dismissal: Legally Optional, Practically Mandatory

Playing With Fire – Constructive Dismissal and Mitigation

by SBA Lawyers | Feb 7, 2019 | Employment Practices Liability

In what can only be described as a Pyrrhic victory, a recent Ontario Superior Court summary judgment decision highlights the employment risks present in temporary lay-offs during a business downtown. This decision is a strong reminder that lay-offs are not an...
Investigations Before Dismissal: Legally Optional, Practically Mandatory

Down for the Count: Notice of Termination Starts the Limitations Clock

by SBA Lawyers | Jun 11, 2018 | Employment Practices Liability

Two recent decisions from Ontario highlight that unlike fine wine, wrongful dismissal claims do not get better with age. The Superior Court decision of Kennedy v. RBC, and the Court of Appeal decision of Bailey v. Milo-Food & Agricultural Infrastructure &...
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