Resources

Essential Employment Law Cases

Sometimes you need a deep-dive into the most significant cases in employment law. Below you will find an in-depth review of seminal court decisions to help you with your research.

Essentials: The Bardal Factors
Erin Brandt Erin Brandt

Essentials: The Bardal Factors

Bardal v Globe & Mail is one of the most cited, and arguably one of the most fundamental, cases in employment law. It established a list of factors to be considered when determining how much common law notice an employee is entitled to when their employment comes to an end.

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Essentials: Contract Law and Employment Standards Minimums
Erin Brandt Erin Brandt

Essentials: Contract Law and Employment Standards Minimums

The termination clause in an employment contract is the clause most often argued over once an employment relationship comes to an end. In Machtinger v HOJ Industries Ltd. the Supreme Court of Canada considered the consequences of a termination provision which failed to comply with the Ontario Employment Standards Act.

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Essentials: Dishonesty and Just Cause
Erin Brandt Erin Brandt

Essentials: Dishonesty and Just Cause

An employer can dismiss an employee without notice or payment in lieu of notice (i.e. for just cause) where the employee has engaged in very serious misconduct. In McKinley v BC Tel the Supreme Court of Canada considered whether dishonesty can be grounds for just cause.

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Essentials: Constructive Dismissal
Erin Brandt Erin Brandt

Essentials: Constructive Dismissal

Constructive dismissal cases are some of the more complex cases in employment law. In Potter v New Brunswick Legal Aid Services Commission the Supreme Court of Canada confirmed the legal framework for constructive dismissal and applied the framework within the context of a lengthy paid administrative suspension.

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Essentials: Political Belief Discrimination
Erin Brandt Erin Brandt

Essentials: Political Belief Discrimination

An employee who expresses a political view has a right to be free from discrimination at work and to express unpopular opinions or use strategies that are not polite. But there are limits to this free speech.

Where an employee steps over the line of acceptable advocacy, appropriate discipline may be justified, considering the individual’s role and the nature and degree of visibility of their expression.

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