Former Senior Executive Personally Liable to Pay $50,000 in Punitive Damages to Employer
Senior executives owe a fiduciary duty to their employers, as they have the power to make decisions that can leave their employers vulnerable. A decision from the Court of King’s Bench of Alberta (“ABKB”), Breen v Foremost Industries Ltd. [Breen], illustrates the consequences of a senior executive (the “Employee”) deliberately breaching his fiduciary duty, among […]
Clear Investigation Leads to Clear Cause: Recent Decision Showcases Importance of Proper Workplace Investigations
When addressing workplace harassment, the power of a thorough workplace investigation can be instrumental in justifying termination of employment for cause. The recent arbitration decision of Health Sciences Association of Alberta v Alberta Health Services [Health Sciences Association] illustrates how following a transparent and good faith investigation process that balances employee rights and adherence to […]
HRD Canada: Everything you need to know about changes to labour and employment laws in 2024
Aleksandra Pressey provided insights regarding key changes to labour and employment laws to be aware of in 2024. From Ontario’s Working for Workers Four Act to the Modern Slavery Act, read all about it at HRD Canada. See an excerpt below: Everything you need to know about changes to labour and employment laws in 2024 […]
Winter 2024 Newsletter
Welcome to the 2024 Winter edition of In The Know.
Mitigation Matters: Former Employee Awarded Full 24-Month Notice Period Despite Imperfect Job Search
In Jimmy How Tein Fat v. PRGX Canada Corp. [PRGX], the Ontario Superior Court of Justice (the “Court”) awarded a 24-month notice period equivalent to nearly $1.6 million to a dismissed employee. While the Court acknowledged that the employee’s efforts to mitigate his damages by searching for alternative employment were imperfect, the employee was still […]
Short but Not-So-Sweet: Short-Service Employee Granted Notice Period Exceeding 5 Months
While many employers realize the increased liability of dismissing long-service employees, they should also be aware of the risks associated with dismissing short-service employees. In the recent decision of Grimaldi v CF+D Custom Fireplace Design Inc [Grimaldi], the Ontario Superior Court of Justice (the “Court”) awarded more than five months of reasonable notice to an […]
Deadline for New Licensing Requirements for Temporary Help Agencies and Recruiters Extended to July 1, 2024
The Working for Workers Act, 2021 previously amended the Employment Standards Act, 2000 [ESA] to introduce a mandatory licensing regime for temporary help agencies (“THAs”) and recruiters operating/acting in Ontario. We provided a detailed summary of this new licensing requirement in our previous blog and noted that as of January 1, 2024, THAs and recruiters […]