Employment & Benefits, Fasken updates


Contributed by Fasken
"I quit! Wait, I changed my mind": impact of rescinded resignations on length of service
  • Canada
  • 29 January 2020

A resignation must be clear and unequivocal to end employment. Sometimes employees change their mind and try to rescind a resignation. A recent decision states that when this happens and the employee continues to work for the employer on the same terms and conditions without any interruption, the employee may be deemed to have lost all prior service with the employer.

Employer breaches duty of good faith and honest performance: now what?
  • Canada
  • 22 January 2020

Employers have a duty of good faith when they terminate an employee, which requires them to be honest and forthright with employees when doing so. The law has also developed to recognise a duty to perform a contract honestly and in good faith. The Supreme Court is now deciding what happens when an employer breaches that duty. Should a court award an employee money for incentive compensation that they would have expected to receive had it not been for the breach?

School no excuse for excessive absenteeism: arbitrator rules in upholding termination
  • Canada
  • 15 January 2020

In a recent arbitration decision, an arbitrator upheld the termination of a grievor for excessive absenteeism under the employer's absenteeism policy. In doing so, the arbitrator rejected the union's submission that the grievor's absenteeism should be excused since she was studying for a professional degree to better herself.

Unionising the gig economy: contractor or employee?
  • Canada
  • 04 December 2019

One of the main disputes regarding the rise and proliferation of the gig economy is whether its workers are employees or contractors. Companies treat such workers as independent contractors, but some workers have been pushing back, claiming that they are employees. This has implications for their ability to unionise. The Ontario Labour Relations Board will soon be ruling on this issue when it determines whether Foodora couriers have the right to unionise.

Only buying assets? Look out for surprise employment liabilities!
  • Canada
  • 20 November 2019

A recent Ontario Superior Court ruling highlights how employers can end up with unexpected employment liabilities after an asset purchase deal. It also highlights the importance of careful wording when hiring employees in those situations. In light of this decision, purchasers in an asset deal should be aware of the new employer's fate. In such cases, proper employment offers are key.

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