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Can an Employee’s Secret Recordings be Just Cause for Termination? A Case Comment
By Stephen Dugandzic In the case of Wan v H&R Block Canada Inc, 2024 ABKB 734, the Alberta Court of King’s Bench addressed whether an employee’s secret recordings of workplace meetings constituted just cause for dismissal. Case Background • Employee: Timothy Wan,...
Induced to Leave Job with 27 Years of Service: Award of 12 Months Notice in New Job After Only 2.5 Years of Service
By Stephen Dugandzic In Ferweda v Mercer Celgar Limited Partnership, 2024 BCSC 844, the British Columbia Supreme Court addressed the legal principles surrounding inducement in employment and the obligations of employers during recruitment. Background Mr. Ferweda, an...
Can Employers Withhold Bonus During Termination? A Case Comment
By Stephen Dugandzic Maximenko v Zim, 2024 ONSC 5540 is a significant Ontario Superior Court decision concerning wrongful dismissal and the calculation of reasonable notice and bonuses. Background Ms. Maximenko, nearly 59 years old, served as a General Manager at Zim...
Violence, Aggression and Abuse Lead to Significant Damages: A Constructive Dismissal Case Comment
By Stephen Dugandzic Case Summary: In Osmani v Universal Structural Restorations Ltd., 2022 ONSC 6979, the Ontario Superior Court found that the plaintiff, Mr. Osmani, had been constructively dismissed after enduring repeated workplace harassment and abuse from his...
Employers are Bound by Termination Clauses, too: A Case Comment
By Stephen Dugandzic In Klyn v Pentax Canada Inc, 2024 BCSC 372, the Supreme Court of British Columbia examined how an employer’s conduct during the termination process can invalidate an otherwise enforceable termination clause. Background: • Mr. Klyn began working...
Significant Damages for Constructively Dismissed Employee: A Case Comment
By Stephen Dugandzic The Ontario Superior Court of Justice’s decision in Scarrow v Walkey et al, 2024 ONSC 3876, underscores key legal principles in employment law, particularly concerning constructive dismissal, implied contractual terms, and employer obligations. ...
Non-Compete & Non-Solicitation Unenforceable against Employees: A Case Comment
By Stephen Dugandzic In Great North Equipment Inc v Penney, 2024 ABKB 533, the Alberta Court of King’s Bench examined the enforceability of non-solicitation and non-competition clauses within a shareholders’ agreement, focusing on the issue of consideration....
Injunction Not Granted Against Employees: A Case Comment
By Stephen Dugandzic In Southwest Design & Construction Ltd v Janssens, 2024 ABKB 502, the Alberta Court of King’s Bench addressed an application for an interim injunction by Southwest Design & Construction Ltd. (“Southwest”) against its former employees,...
Another Overbroad Termination Provision: What it means for Employees
By Stephen Dugandzic In De Castro v Arista Homes Limited, 2024 ONSC 1035, the Ontario Superior Court of Justice addressed critical issues concerning the enforceability of termination clauses in employment contracts and the employer’s burden in proving an employee’s...
Constructive Dismissal in Alberta: A Guide for Employees
By Stephen Dugandzic Constructive dismissal is a legal concept that protects employees when an employer makes a fundamental change to the job or creates intolerable working conditions, effectively forcing the employee to resign. In Alberta, as in the rest of Canada,...