Contract Clarity Serves Employers Well

Traditionally, it has been difficult to convince courts to enforce termination clauses in employment contracts. This has been particularly difficult in the Province of...

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Investigation is the New Arbitration

By Harry Gray and Gavin Marshall Beware the misuse of the due process tool in your workplace management toolbox. Investigations are the new arbitration. More and...

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Non-Culpable or Innocent Absenteeism

By James D. Kondopulos and Gosia Piasecka In the recent arbitration decision of Vancouver Coastal Health Authority v. Hospital Employees’ Union (Termination for Non-Culpable or...

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A Caveat on Contractors: Beware the Bite of the Unicorn?

By Graeme McFarlane Ah, the true independent contractor—the rarest of all the beasts. In the jungle of employment law, it is sought after for its...

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Don’t Dis(miss) the Devil in the Details

By Graeme McFarlane Many businesses have experienced the loss of a valuable employee.  Some are fortunate enough to have that employee return to the fold...

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If You Promise the Stars…Deliver

By Graeme McFarlane A recent case from Ontario illustrates a shift in judicial thinking with respect to the creation and operation of the employment relationship. ...

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Ready, Fire, Aim: A Flawed Strategy

By Graeme McFarlane When facing the difficult decision to end an employee’s employment for cause, it is very important not to jump to conclusions. Although...

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The Politics of Constructive Dismissal: ?“You Gotta Have (Good) Faith”

By Graeme McFarlane The Supreme Court of Canada has now provided some much needed guidance with respect to application of the doctrine of constructive dismissal...

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