Stay up to date on the latest developments in the rapidly changing landscape of employment and wrongful dismissal law through this comprehensive year-end webinar. Expert speakers will examine the most significant recent cases and legislative changes across Canada, exploring questions such as:

• Termination Provisions:
  
  • What lessons can be learned from recent caselaw regarding how to draft effective and enforceable termination provisions in employment contracts? What aspects of these clauses remain unclear or open to challenge? How have judicial approaches differed cross-country?
  • What types of changes to an employee’s title, role, or responsibilities will be sufficient to successfully advance a “changed substratum” argument in a wrongful dismissal claim – i.e. an argument that, as a result of these changes, the employer should no longer be held to the termination provisions of the employment contract?
• Constructive Dismissal:
  • When will requiring an existing employee to sign a new employment contract constitute constructive dismissal?
  • Does it constitute constructive dismissal to require an employee working remotely to return to in-person work? What factors will a court consider in determining whether working from home is or has become an express or implied term of the employment contract?
  • Is consulting a lawyer grounds for discharge?
• Just Cause:
  • When will misrepresentations or “partial truths” by employees on their resume or employment application amount to just cause for termination?
  • What criteria will courts consider when determining whether an employer can rely on “after-acquired” cause in a wrongful dismissal action?
  • Do employers owe a duty of procedural fairness when investigating allegations of misconduct that may lead to dismissal for cause?
• Reasonable Notice, Damages, and Mitigation:
  • What do recent cases suggest regarding when employees will be entitled to receive payment for bonuses or other forms of compensation such as RSUs and stock options which may have otherwise vested over the notice period?
  • If employees refuse an offer of temporary employment with their former employer pending a search for employment elsewhere after being wrongfully dismissed, when will that constitute a failure to mitigate their damages? What factors will a court consider in determining whether an employee is justified in refusing to return?
  • What do the latest cases suggest regarding whether courts will deduct from pay in lieu of notice income earned from lower-paying, non-comparable work performed during the notice period?
• Settlements:
  • What remedies are available to employers and employees for breach of a wrongful dismissal settlement agreement? Will any breach by the employee nullify all further payment obligations under the agreement?
• Abandonment:
  • At what point will an employee’s absence from work for medical reasons constitute abandonment of employment putting an end to accommodation requirements?
• Intellectual Property and Post-Employment Obligations
  • Do employees own copyright in works produced exclusively on their own time, even if the works are related to or may be used to compete with the employer?
• Discipline and Dismissal
  • When are employees at risk of discharge or discipline for off-duty behaviour?
  • When are employees subject to suspension in the event of criminal charges or criminal investigation?
• Legislative Updates:
  • What measures have been introduced at a federal and provincial level in response to the trade conflicts between Canada and the US?
  • What legislative measures have been enacted in response to the use of artificial intelligence in the workplace?
  • What legislative trends have emerged in the past year cross-country? For example, which jurisdictions have recently expanded long-term illness or sick leave or access to bereavement leave? Which have proposed or passed legislation restricting employers’ rights to ask for doctors’ notes in support of short-term sick leave? Which provinces now have pay transparency measures in place?
  • What measures impacting workplaces were recently proposed in the federal government’s recent “Canada Strong Budget 2025”?
  • What are the most recent changes that have been introduced through the Ontario Working for Workers legislative series?
  • What new limits has Alberta’s government introduced regarding the authority of regulatory bodies to discipline professionals for off-duty speech or to impose EDI training?

Final topics will be selected in the week prior to the webinar, ensuring coverage of the latest and most significant developments.

Attend the session in real time and engage directly with the speakers.

Includes:

• Downloadable comprehensive reference materials researched by Lancaster House lawyers
• Access to the live session
• Opportunity to ask the experts direct questions and participate in the chat with your peers

Option: Live Webinar$295.00Add to cart

Get the full live experience plus post-event resources for continued learning.

Includes:

• Downloadable comprehensive reference materials researched by Lancaster House lawyers
• Access to the live session
• Opportunity to ask the experts direct questions and participate in the chat with your peers
• Video recording of the session
• MP3 audio recording
• Full transcript

Option: Live Webinar, video, and MP3 Bundle$595.00Add to cart

Access the session anytime, at your convenience. On-demand content is only available after the live session has concluded. For a full list of Lancaster’s library of webinars on demand, click here.

Includes:

• Downloadable comprehensive reference materials researched by Lancaster House lawyers
• Video recording of the session
• MP3 audio recording
• Full transcript