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From Hiring to Firing: Recent wrongful dismissal cases you need to know about

Tuesday, February 6, 2018, 12:30 pm - 2:00 pm EST



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Moderators


Colin Johnston

Arbitrator/Mediator


Speakers


Teresa Haykowsky

Employer Counsel
McLennan Ross
Paul Champ

Employee and Union Counsel
Champ & Associates

Issues

In this session, seasoned counsel will review the most important recent wrongful dismissal decisions and explain their implications for workplace parties. They will also flag significant litigation on the horizon. Final selection of topics will take place a few weeks before the audio conference, ensuring coverage of late-breaking decisions. Specific cases to be discussed include:

Mitigation of damages

  • Brake v. PJ-M2R Restaurant Inc. (Ontario Court of Appeal): Will income earned during the statutory entitlement period be considered mitigation income, making it deductible from damages? Does income earned while working a "second job" have to be deducted from damages?

Bonus payments following termination

  • Bois v. MD Physician Services Inc. (Ontario Court of Appeal) and Kielb v. National Money Mart Company (Ontario Court of Appeal): When will an employee be entitled to a bonus that is scheduled to be paid out after his or her dismissal?

Termination clauses

  • Wood v. Fred Deeley Imports Ltd. (Ontario Court of Appeal) and North v. Metaswitch Networks Corporation (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? Can a severability clause in an employment agreement be used to strike out part of a termination provision that violates the Employment Standards Act, rendering the rest of the clause enforceable?

Aggravated/moral damages

  • Lau v. Royal Bank of Canada (British Columbia Court of Appeal), Colistro v. Tbaytel (Ontario Superior Court) and Galea v. Wal-Mart Canada Corp. (Ontario Superior Court): Is medical evidence required to establish a claim for moral or aggravated damages? What must an employee demonstrate in order to establish entitlement to damages for mental distress? What type of evidence is required to establish an evidentiary basis for such an award?

Wrongful dismissal prior to the start of employment

  • Buchanan v. Introjunction Ltd. (British Columbia Supreme Court): Can the obligation to provide reasonable notice or pay in lieu thereof arise before an employee's first day of employment? Can an employer rely on a probationary clause to terminate an employee without conducting a good faith assessment of the employee's suitability for the position?

Tort of harassment

  • Merrifield v. The Attorney General (Ontario Superior Court): Can a civil action be based on the common law tort of harassment? What is the test to establish harassment in this context? How does it differ from the tort of intentional infliction of mental suffering?

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.

AUDIO FILES
Audio conference MP3 files are available for $255. Those who have purchased the live audio conference may purchase the corresponding downloadable audio MP3 file for the discounted price of $155.

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.

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