Practice Area: Employment Law

Supreme Court of Canada Majority Rules “Unjust Dismissal” Provisions of Canada Labour Code Prohibit Without Cause Dismissals of Non-Unionized Employees

· 8 min read

In an important decision for federally regulated employers, Wilson v. Atomic Energy of Canada Limited, a majority of the Supreme Court of Canada has found the “unjust dismissal” provisions of Part III of the Canada Labour Code (Code) prohibit “without cause” dismissal of non-managerial, non-unionized employees with at least 12 months consecutive service, thereby allowing those employees to access the remedial relief (reasons, reinstatement, equitable relief) available under the Code.

Employer’s Egregious Mistreatment of Disabled Employee Leads to Increase in Damages Award

· 4 min read

In a recent wrongful dismissal case, Strudwick v. Applied Consumer & Clinical Evaluations Inc., the Court of Appeal increased the amount of damages awarded to an employee from $113,782 to $240,000, for what the Court of Appeal described as “a marked departure from any conceivable standard of decent behaviour” in an employer’s treatment of its employee…

Arbitrator Rules MOE Memo Restricting Payment of Post-Retirement Benefits Cannot Override Terms of Employment Contract

· 4 min read

In Piddisi v Toronto Catholic District School Board, a decision released on June 7, 2016, Arbitrator William Marcotte awarded a retired Supervisory Officer (SO) formerly employed by the Toronto Catholic District School Board (TCDSB) damages for the TCDSB’s failure to pay premiums for post-retirement benefits…

Carolyn Kay Elected as a Fellow of The College of Labor and Employment Lawyers

Hick Morley’s Carolyn Kay has been elected as a Fellow of The College of Labor and Employment Lawyers. The College is a non-profit professional association honouring leading lawyers in the practice of Labour and Employment Law. Fellows of the College are esteemed lawyers who posses at least 20 years experience and are acknowledged as distinguished members in the field of labour and employment law…