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By Alix Herber and Jessica Schnurr Think an employee in Canada has to quit before suing the employer for constructive dismissal? Think again, says the Ontario Superior Court. An employee may pursue a constructive dismissal claim without quitting. Traditionally, faced with a unilateral change to a term or condition of employment, an employee had two […]
By Alix Herber and Hadiya Roderique Across Canada, human rights legislation prohibits employment discrimination on the basis of age. This applies to all aspects of the employment relationship — job advertisements, application forms, job interviews, hiring decisions, denial of promotional opportunities, and termination decisions. Data from the Ontario Human Rights Commission for 2007-2008 and 2008-2009 […]
By Alix Herber and Hadiya Roderique In Canada, employers have a duty to accommodate individuals suffering from a disability to the level of undue hardship. In the case of an employee with a physical disability, it often can be relatively straightforward to identify accommodations that can be implemented. In contrast, the accommodation of mental illness […]
By Alix Herber While many employees are allowed to access and use the Internet and e-mail on company computers for “limited” personal use, it’s not uncommon for them to misuse this privilege. In Poliquin v. Devon Canada Corporation, the Alberta Court of Appeal was asked whether an employee could be fired for cause because he […]