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Archive for August, 2009

Arbitrator, Saskatchewan Court Give Jerk Employee a Perk, Not Work

August 31, 2009 at 9:00 pm by: Brian Smeenk

What should an arbitrator do when a fired employee is too bad to be reinstated, but dismissal was for one reason or another unjustified? Surprisingly, for Canadian arbitrators the answer seems increasingly to be: “Give ‘em a big payout.” They are increasingly awarding these unsalvageable employees bigger awards than good employees would get in a [...]

Employers Win Pension Plan Rights at Supreme Court of Canada

August 24, 2009 at 9:00 pm by: Northern Exposure

by Bill Duvall
At the best of times, employer-sponsored pension plans bring with them thorny administrative and legal problems.

Employee’s Blogging Justified Firing — But Dismissal Overturned Anyway

August 17, 2009 at 9:00 pm by: Dominique Launay

Social networking sites and blogs are growing phenomena that present challenges to employers. Internet blogging allows people to publicly express their opinions like never before. Sometimes the viewpoints expressed affect the employment relationship.

Suing Departing Workers for Wages, Training Expenses

August 11, 2009 at 5:00 am by: Sara Parchello

Recouping expenses, like training-related expenses, from departing employees can be tricky. As many employers are aware, contractual provisions that penalize a departing employee will generally not be enforced by the courts. In addition, if a contractual clause looks like it’s actually trying to restrain an employee from competing with similar businesses, courts are similarly unlikely [...]

Tactical Considerations for Reference Letters in Canada

August 4, 2009 at 5:00 am by: Derek Knoechel

As the authors of the July 13, 2009, Northern Exposure article “Canadian Employers May Be Obligated to Provide References” indicate, a positive reference letter can be worth its weight in gold to an employee who has been fired.