This program brings together leading practitioners to unpack the latest developments in employment and labour law. From the enforceability of termination clauses, to the boundaries of “just cause” in cases of innocent absenteeism, this webinar explores how courts across Canada are redefining fairness and good faith in the termination process. Attendees will gain practical insights into:

• What are the implications since Dufault and Baker on the enforceability of termination provisions in employment contracts in Ontario?
• How has language such as “sole discretion” and “at any time” been interpreted in provinces such as Alberta and British Columbia?
• Employee, dependent contractor, or independent contractor? How have the legal principles recently been applied and what notice periods or damages have been awarded?
• When will off-duty conduct warrant termination?
• What do courts consider when it comes to an employee’s duty to mitigate damages?
• What is “quiet firing”? Can employers be held liable for “quiet firing”?
• Does recent case law suggest a trend towards granting awards of punitive or aggravated damages where employers do not act in good faith, or where employers fail to meet statutory obligations during termination?
• What policies, procedures, or practices can employers adopt to ensure they are meeting the duty of good faith and fair dealing when it comes to terminations?
• From the perspective of management, unions, and employees, what are the pros and cons of continuing work-from-home arrangements?
• When can innocent absenteeism rise to the level of just cause for dismissal?
• When will an employee’s disability rise to the level of undue hardship? What guidance does recent case law offer on the interpretation and application of this test?