by Employment Lawyers Calgary | 1414/0404/25252525
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...
by Employment Lawyers Calgary | 1010/0404/25252525
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,...
by Employment Lawyers Calgary | 0909/0404/25252525
By Stephen Dugandzic This Alberta Court of Justice case involved a wrongful dismissal claim by a licensed practical nurse against her former employer, Northern Nursing Solutions Inc. The plaintiff had been recruited from a secure job in another province and later...
by Employment Lawyers Calgary | 0505/0404/25252525
By Stephen Dugandzic In Dufault v Ignace (Township), 2024 ONCA 915, the Ontario Court of Appeal found the “for cause” termination clause in the contract was illegal and unenforceable, because it undermined the Ontario Employment Standards Act’s (ESA) employee...
by Employment Lawyers Calgary | 3131/0303/25252525
By Stephen Dugandzic In Alberta, a non-competition clause in an employment agreement can be enforceable—but only under strict conditions. Courts in Alberta (and generally across Canada) are cautious with these clauses because they restrict a person’s ability to earn...
by Employment Lawyers Calgary | 2929/0303/25252525
By Stephen Dugandzic A severance review should ensure that an employee is receiving fair and legally compliant compensation upon termination. Here’s what it should include: 1. Termination Clause Review (if there’s an employment contract) • Is there a written contract?...
