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The Cases You Need to Know About: Groundbreaking wrongful dismissal decisions in 2016/2017

Thursday, July 27, 2017, 12:30 pm - 2:00 pm EDT



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Moderators


Keith Burkhardt

Employer Counsel
Sherrard Kuzz
Anne Gregory

Union Counsel
Canadian Union of Public Employees

Speakers


Janice Payne

Employment Counsel
Nelligan O'Brien Payne
David Corry

Employer Counsel
Gowling WLG

Issues

Wrongful dismissal jurisprudence in Canada helps to define the nature of contemporary employment relationships. Consequently, it is crucial for lawyers, employers and employees to stay up-to-date on key developments in this constantly evolving area. In 2016/2017, Canadian courts released a number of groundbreaking decisions touching upon issues such as non-competition, non-solicitation, notice provisions, bonus entitlements, aggravated and punitive damage awards, resignation, fiduciary employees and the enforceability of termination provisions in employment contracts. In this audio conference, join seasoned counsel as they discuss recent key wrongful dismissal decisions and their implications for workplace parties.

    Bonus entitlement
  • Styles v. Alberta Investment Management Corporation (Alberta Court of Appeal) and Paquette v. TeraGo Networks Inc. (Ontario Court of Appeal): When will incentive plan language deprive a wrongfully dismissed employee of a claim for bonus amounts which she or he would have otherwise been entitled to receive during the reasonable notice period? Are the holdings in Styles and Paquette compatible? What does the Alberta Court of Appeal in Styles say about the duty of good faith and without cause dismissals?
    Resignation
  • Avalon Ford Sales (1996) Limited v. Evans (Newfoundland and Labrador Court of Appeal): When is it reasonable for an employer to conclude that an employee has resigned? What if an alleged resignation occurs in the “heat of the moment”? How does the duty of good faith and fair dealings inform the Court of Appeal’s analysis of the law of resignation in Avalon?
    Fiduciary employees and resignation without notice
  • Consbec Inc. v. Walker (British Columbia Court of Appeal): What test will courts apply to determine if an employee qualifies as a fiduciary? If an employee resigns without giving notice, will an employer be entitled to claim damages for breach of contract? When, if ever, will the courts award damages for a breach of this nature?
    Termination clauses
  • Wood v. Fred Deeley Imports Ltd. (Ontario Court of Appeal) and Oudin v. Centre Francophone de Toronto (Ontario Court of Appeal): When will a termination provision in an employment agreement be found unenforceable for failing to comply with the minimum requirements of employment standards legislation? What were the key factual differences in Wood and Oudin and why did they lead to different outcomes?
    Reasonable notice period
  • Munoz v. Sierra Systems Group Inc. (British Columbia Court of Appeal): What evidence should courts rely upon to assess the availability of similar employment for the purposes of calculating reasonable notice? How should reasonable notice damages be calculated when an employee has opted into a compensation structure under which she or he receives no income during certain periods of the calendar year?
    Moral damages and punitive damages
  • MD v. Zochem Inc. (Ontario Court of Appeal) and Ram v. The Michael Lacombe Group Inc. (British Columbia Supreme Court): What factors should the courts take into consideration when awarding moral damages? How does the Ontario Court of Appeal in Zochem describe the relationship between moral damages and human rights damages? When will courts award moral or aggravated damages against an employer for falsely alleging an employee’s dishonesty as a cause for dismissal? When, if ever, will such conduct garner an award of punitive damages?

Accreditation

HRPA Continuing Professional Development

The Human Resources Professionals Association (HRPA) has approved Lancaster House as a Continuing Professional Development Partner, guaranteeing that participation in our audio conferences will be accepted by the HRPA for CPD credit.


HRMA Continuing Professional Development

This audio conference has been approved by the HRMA for CPHR recertification credits.

Additional Information

MATERIALS
Valuable, up-to-date materials and case summaries will be available for downloading from our website. Each audio conference is accompanied by a PDF of concise summaries of the cases discussed.

REGISTRATION FEE
Live Session – $245, plus HST
Live Session for 2 or more (Boardroom fee) – $490, plus HST
Bundle Rate – Purchase a Live Session and receive the companion MP3 Recording for $145, plus HST
MP3 Recording – $245, plus HST
(Registrations must be paid in advance of the audio conference)

AUDIO FILES
Audio conference MP3 files are available for $245. Those who have purchased the live audio conference may purchase the corresponding downloadable audio MP3 file for the discounted price of $145.

The recorded MP3 file and materials are available for download one business day after the live audio conference. After purchasing, you will receive an e-mail with instructions on how to access and download the audio conference MP3 file and materials by visiting My Account and selecting Order History. For audio file purchases for upcoming audio conferences, once the MP3 file is available through our site, registrants will receive an update e-mail informing them that the links are now ready.

REGISTRATION INFORMATION
When you register, you'll be given a toll-free number to dial at the time of the session and an access code to join the call. For additional program and registration information, call Lancaster House at (416) 977-6618.

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