B.C. Court of Appeal confirms that secretly recording conversations with Co-workers can be just cause for dismissal
In Shalagin v. Mercer Celgar Limited Partnership, 2023 BCCA 373 (CanLII), the British Columbia Court of Appeal affirmed the lower court’s decision that the employee’s surreptitious recordings of his colleagues constituted just cause for his dismissal. Background The appellant, Mr. Shalagin, became a Chartered Professional Accountant and was employed by the respondent Mercer Celgar Limited Partnership as a financial analyst for ten years. He was not asked to sign a written employment contract; however, he was bound by Mercer’s policies, including a Code of Business Conduct and Ethics, and a confidentiality policy.[1] He was also subject to the Chartered Professional Accountants ... [more] Full article
The Ontario Court of Appeal Confirms: Independent Contractors Have a Duty to Mitigate
In a brief new decision, Monterosso (cob Trust Leasing Canada) v Metro Freightliner Hamilton Inc, 2023 ONCA 413, the Ontario Court of Appeal has clarified the scope of the duty ... [more] Full article
Slapping a woman’s buttocks at work is just cause for termination, but not wilful misconduct?
Slapping a woman’s buttocks in the workplace without remorse can be just cause for termination, the Ontario Court of Appeal recently held, but, oddly, in this case the dismissed employee ... [more] Full article
Court Finds Employee’s Reaction to Missed Promotion was Cause for Dismissal
In a recent decision, Thomas v. Saskatchewan Indian Gaming Authority Inc., the Court of Appeal of Saskatchewan re-affirmed the governing principles applicable to dismissal for cause. This case provides guidance ... [more] Full article
- Sexual harassment and failure to accept employer’s disciplinary measures is cause for termination
- Employee not entitled to wrongful dismissal damages for share bonus (dividend) during notice period, Court of Appeal affirms
- Court of Appeal to revisit employee’s right to wrongful dismissal damages regarding shareholdings
- Actions speak louder than words: dependent contractors’ big win upheld