In Carroll v. Purcee Industrial Controls Ltd, 2017 ABQB 211, the Court of Queen’s Bench of Alberta (the “Court”) recently decided whether requesting a severance package amounted to a resignation. Background Mr. Carroll worked in sales and development for Purcee Industrial Controls Ltd (the “Company”) for almost five (5) years in Calgary and overseas. There...
In one of the first of its kind, a recent Ontario Superior Court of Justice decision found an employer liable for the tort of harassment and awarded significant monetary damages. In Merrifield v Canada (Attorney General), the Royal Canadian Mounted Police (“RCMP”) was ordered to pay general damages of $100,000 and special damages of $41,000 to a...
The Supreme Court of Canada has ruled that an employee’s termination was not discriminatory despite his acknowledged drug addiction in a landmark decision involving drugs in the workplace. Ian Stewart was employed by Elk Valley Coal Corporation, a mine in Alberta, as a loader. He was involved in a collision with another truck while at...
Employers in Ontario and Alberta may be in for some big workplace changes in 2018 – at significant costs to employers. Ontario: On May 30, 2017, Premier Kathleen Wynne announced the Liberal government’s intention to introduce The Fair Workplaces, Better Jobs Act, 2017, which provides for broad ranging amendments to the Ontario Employment Standards Act,...
Many employers have a “no reference” policy, refusing to confirm anything but the bare minimum regarding a former employee’s employment – dates of employment and title. This practice stems largely from the idea that if you can’t say anything nice, it’s best to say nothing, or at least very little, for fear of being accused...
As of June 1, 2017, any small claims court disputes in B.C. claiming an amount under $5,000.00 will be adjudicated by the Civil Resolution Tribunal (the “CRT”), an online tribunal. According to B.C.’s Justice Minister, it’s the first online tribunal in the world to be integrated into the public justice system. The first step in...
We’ve seen numerous cases over the years where an employee’s comments and bad behaviour online have led to discipline or even discharge. A recent decision from Quebec shows that there can still be consequences for speaking ill of an employer post-employment. In Servant v. Ritchie, the employer successfully sued a former employee for his Facebook...
Sometimes a resignation is too good to be true. In order for a resignation to be valid, it must be clear and unequivocal, and the words or actions need to be viewed in context. If the circumstances surrounding the resignation are suspect, a court may find that an employee has not resigned and is entitled...