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Case In Point

Taylor v. Salytics Inc., a recent decision of the Ontario Court of Appeal, provides welcome appellate confirmation that where an employment agreement expressly permits a temporary lay-off and the lay-off is implemented within the Employment Standards Act, 2000 framework, the lay-off will not trigger a constructive dismissal, and therefore a termination of employment.

Case In Point

SaskEnergy Incorporated v. Unifor, a recent decision of the Saskatchewan Court of Appeal, confirms that the seriousness of a safety incident and an employee’s failure to follow safety protocols are not, by themselves, sufficient to make drug and alcohol testing a reasonable line of inquiry.

Case In Point

The Ontario Court of Appeal has clarified two issues affecting termination liability: (1) when an employee’s illness or disability frustrates the employment contract, and (2) when an employer-provided resource is a compensable employment benefit rather than a work tool supplied to do the job.