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Published on: 23 Jul 2015 By

Does “I Quit” Really Mean “I Quit”?

Case law has not always been clear on what constitutes a resignation by an employee. More often than not, it seems very difficult for an employer to establish a resignation where the employee changes his/her mind down the road. However, in Kerr v. Valley Volkswagen, 2014 NSSC 27 (CanLII), th…

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Published on: 21 Jul 2015 By

New Decision from FSCO Addresses the Minor Injuries Guideline

On July 7, 2015, the Financial Services Commission of Ontario released a decision in Arruda v. Western Assurance,1 providing some additional analysis of the Minor Injuries Guideline (“MIG”). The Applicant Ms. Arruda sustained soft tissue and psychological injuries in a motor vehicle accident…

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Published on: 17 Jul 2015 By

Absenteeism: When Is It Enough to Warrant Termination?

This issue was addressed in the recent arbitral decision of Humber River Hospital v. Teamsters, 2014 CanLII 50008 (ON LA), where the grievor was employed in the Dietary Department of the hospital and had been for fifteen years. The grievor had a persistent pattern of frequent and unexpected …

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Published on: 8 Jul 2015 By

New SCC Decision Finds Paid Administrative Suspensions Can Trigger Constructive Dismissals

Most employers are familiar with the most common changes to employment contracts that can trigger a constructive dismissal: changing pay, hours, demotions, duties, work location, etc. However, in the March 2015 decision of Potter v. New Brunswick Legal Aid Services Commission, the Supreme Co…

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