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
Sexual harassment and failure to accept employer’s disciplinary measures is cause for termination
An employer has just cause to terminate an employee for inappropriate, sexually harassing comments and refusing to apologize, the Ontario Court of Appeal recently held. Employers should be particularly interested ... [more] Full article
Employee not entitled to wrongful dismissal damages for share bonus (dividend) during notice period, Court of Appeal affirms
Update: The Supreme Court of Canada dismissed Mr. Mikelsteins’ application for leave to appeal without reasons on January 20, 2022. The Ontario Court of Appeal affirmed last week its earlier ... [more] Full article