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Published on: 17 Oct 2012 By

Court Of Appeal Finds That Disrespectful, Insubordinate Communication Is Irreconcilable With Continuing Employment

Employers often tell me they feel like employees have ALL the rights in the employment relationship.  While that isn’t entirely true, I certainly understand why it can seem that way. But here’s some good news – the British Columbia Court of Appeal recently came down solidly on the side of th…

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Published on: 20 Aug 2012 By

Does your home renovation make you a “constructor”? Believe me, you need to know!

How often have you undertaken a home renovation project yourself? You might have hired out the more skilled aspects – maybe an electrician, a plumber, or a drywall taper (we all know “a guy”, don’t we?). You’re perfectly capable of overseeing the project generally; there’s no need to hire a …

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Published on: 12 Jul 2012 By

Performance management is not “harassment”!

Words are important.  Words like “bullying” and “harassment” are especially important because they refer to improper conduct which can result in negative legal consequences.  But too often, employees don’t understand the legal definition of these words.  Today, I’m particularly annoyed by em…

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Published on: 27 Jun 2012 By

Ontario’s Court of Appeal Certifies Class Actions Questioning Overtime Policies

It turns out CIBC and Scotiabank will be required to defend their overtime policies against class actions by employees, according to the Court of Appeal. The banks had successfully defended certification motions in the lower courts on the grounds that the issues were not “common” enough amon…

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Published on: 25 Jun 2012 By

Minimizing Liability Now That The 24-Month Cap on Reasonable Notice Is In Question

Although we often tell clients that determining the reasonable notice period in any given situation is more art than science, one thing we’ve felt confident about is the 24-month cap – unless there are exceptional circumstances, no matter how much seniority an employee has and no matter what…

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Published on: 22 Feb 2012 By

WSIB benefits for traumatic mental stress: There’s good news and …

You may think that the WSIB pays benefits to a worker for traumatic mental stress only in situations where the worker was involved in a situation perceived as or actually life-threatening. And you would have been right until recently, when the Workplace Safety and Insurance Board Appeals Tri…

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Published on: 24 Jan 2012 By

Important New Privacy Ruling: What on earth is “intrusion upon seclusion”?

I’ve often said that my job is mostly about people behaving badly at work, so the fact situations underlying the cases I read are often all too human in nature.  Consider the case of Winnie, who was fighting with her common-law husband about money. She wasn’t convinced he was actually paying…

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