Ontario Court of Appeal
Two lawyers at McMillan - Paul Boshyk and George Waggott - have written an article for the firm's January 2014 labour and employment bulletin, "To Pay Vacation Pay, Or Not Pay Vacation Pay: That Is The Question".
The article addresses the obligation to compensate a dismissed employee for vacation pay over the notice period. The authors focus on the following Ontario cases:
- Cronk v Canadian General Insurance Co., (1995), 25 OR (3d) 505 (ONCA)
- Garvin v Rockwell International of Canada Ltd., 1993 CarswellOnt 966 (Ct J (GD))
- Emery v Royal Oak Mines Inc., 1995 CarswellOnt 456 (Ct J (GD))
Ontario appeal court discusses when a poisoned work environment can give rise to a constructive dismissal
In General Motors of Canada Limited v. Johnson, 2013 ONCA, the Ontario Court of Appeal discussed the legal test for when a poisoned work environment can give rise to a constructive dismissal. Specifically, it stated: read more »
Ken Thornicroft is a well known labour and employment law academic and adjudicator in BC.
He is currently a professor at the University of Victoria, Gustavson School of Business and a member of the BC Employment Standards Tribunal.
Recently he has been studying the issue of gender bias in negotiated and wrongful dismissal severance awards, and presented a paper that touched on this topic at the CLEBC Employment Law Conference in 2011. That paper can be found here: "Appellate Review of "Reasonable Notice" Awards in Canada: 2000-2010".
On June 4, 2012, UVIC issued this news release concerning his research:
Gender Bias In Severance Settlements read more »
Supreme Court of Canada will not hear appeal of Roman Catholic priest's unsuccessful constructive dismissal claim
The Supreme Court of Canada announced on May 17, 2012 that the application for leave to appeal in Hart v. Roman Catholic Episcopal Corporation of the Diocese of Kingston was dismissed without costs, meaning the top court won't hear the case.
In a decision issued on November 22, 2011 -Hart v. Roman Catholic Episcopal Corporation of the Diocese of Kingston, in Canada, 2011 ONCA 728 - the Ontario Court of Appeal ("ONCA") had ruled that the court did not have jurisdiction over the priest's constructive dismissal claim, upholding the decision of the Ontario Superior Court.
Specifically, the ONCA stated: read more »