Labor law case studies

Decisions regarding employees' resignation obligations are a rarity as the resignation period often expires before a court date can be secured.

Recent employment law cases 2019

She also had a history of alcoholism and mental illness treatment that she had denied in sworn testimony. As social media continues to bring the private lives of Canadians into the public sphere, we expect that will bring even more examples of employers making decisions about their employees based on events that take place outside of the work environment. This past year has also seen high profile companies such as Bell cancel their unpaid internship programs amidst pressures and a legislative push in Ontario for greater protections for unpaid interns and other vulnerable workers. The managing director was still acting in his role with the company, having organised, and paid for, staff to continue drinking on the same night as the sanctioned workplace event. While there are exceptions that allow for unpaid workers, these exceptions are very limited and are exclusively associated with accredited educational programs or positions that closely mirror educational programs. When the former employee was confronted with the evidence, she voluntarily signed a full confession in which she detailed having been recruited by the doctor to fraudulently misrepresent what was actually a minor injury as a permanent disability. In the meantime, though, the offenders shut down the Houston operation and relocated to another state, where their trail was reacquired by the investigators and comprehensive surveillance was once again implemented. Ensuing surveillance and covert operations revealed that the three had joined forces with an out-of-state attorney to create a competing business that first operated in Houston. The Divisional Court, however, did just the opposite. We were ultimately able to identify the specific business to which the subject was reporting, and determined that it, in fact, was not a competitor. That was the question for the Court of Appeal in this case. A recent decision of the Ontario Superior Court of Justice, however, suggests some reprieve for employers. In advance of the Christmas party, employers warning staff to behave on the night out should ensure that senior staff are given the same warning as everyone else.

Surveillance of the female subject, combined with undercover operations, revealed that she was actually working full time as a maid and nanny for the very doctor who was signing off on her disability claims.

Shared parental leave Removing financial barriers could encourage uptake Employers that enhance maternity pay had to think very carefully about whether or not to offer enhanced shared parental pay.

This decision suggests that senior staff are more at risk than ever of being found to be acting on behalf of their employers because of the wide ambit of their responsibilities. She also had a history of alcoholism and mental illness treatment that she had denied in sworn testimony.

The Globe and Mail Inc.

Employment law cases 2019

The real legal issue here lies with the fact there is a presumption in Ontario that workers are entitled to minimum wage and other basic employment rights, regardless of the title of their position. Result: The subject ultimately executed a promissory note for repayment of the monies paid for the fictitious disability, whereas the doctor additionally agreed to make reimbursement for the improper disability payments. Another troublesome area has been the use of static termination provisions. Accordingly, the common law should only kick in when an employee outgrows the contractual provision through length of service. Working with our New Jersey and New York associates, we established that the employee was residing in Newark and taking a train daily into Manhattan, where he would walk from Penn Station to a particular, highly secured, office building on Park Avenue. Somewhat surprisingly, the case law on contractual termination provisions has continued to evolve in recent years, requiring employers to regularly revisit their standard termination clauses and ensure that they are drafted with precision. For example, in the last few years we have seen the courts take the view that termination provisions that do not explicitly reference a continuation of benefits during the notice period will not be implied to have such meaning, and thus will be set aside for failing to comply with the ESA as the ESA requires a continuation of salary and benefits during the minimum statutory notice period.

Unfortunately, the restrictive statutory requirements often go unnoticed by businesses that operate unpaid internship programs. McEwan considered an employment contract requiring Blackberry executive, Marineau-Mes, to provide six months notice of resignation. This past year has also seen high profile companies such as Bell cancel their unpaid internship programs amidst pressures and a legislative push in Ontario for greater protections for unpaid interns and other vulnerable workers.

employment law cases uk

Employers that do not do so risk a sex discrimination claim from men and have to be prepared to justify their policy. When shared parental leave was introduced, one of the biggest concerns was how much employers that enhance maternity pay should pay those on shared parental pay.

Employment law cases discrimination

The Divisional Court, however, did just the opposite. Unfortunately, the restrictive statutory requirements often go unnoticed by businesses that operate unpaid internship programs. When shared parental leave was introduced, one of the biggest concerns was how much employers that enhance maternity pay should pay those on shared parental pay. Intellectual Property Thieves Forced to Close Their Doors A national labor law firm retained us to investigate three foreign nationals who were once employed by a leader in the stock trading industry. This past year has also seen high profile companies such as Bell cancel their unpaid internship programs amidst pressures and a legislative push in Ontario for greater protections for unpaid interns and other vulnerable workers. Result: The claim was settled at nuisance value, saving the manufacturing firm and its insurer a significant financial penalty. Work Christmas party How to ensure acceptable conduct at work social events The managing director paid for taxis to take staff to a hotel bar to continue drinking after the workplace Christmas party. However, there is no shortage of arguments that have been used by terminated employees to get around these contractual provisions in order to obtain a more favourable common law notice period. Mr Ali, whose wife had post-natal depression and wished to return to work, could not afford to take leave at this level of pay. The case enjoyed a much higher profile than one typically sees with employment disputes because of the parties involved, Jan Wong and her former employer, The Globe and Mail. Two of the individuals separated from the company. The Court rejected Marineau-Mes' arguments in their totality and found the contract to be enforceable. Former Employee Was Incorrectly Accused of Violating Non-Compete Clause We were hired by a labor law firm in Texas to investigate a former employee of a technology firm who was rumored to be working for a competitor in New York, in violation of a non-compete clause in his contract. In depositions, the employee claimed to have never had any criminal issues aside from minor juvenile offenses and a traffic citation.

Work Christmas party How to ensure acceptable conduct at work social events The managing director paid for taxis to take staff to a hotel bar to continue drinking after the workplace Christmas party.

Further, at that point, an employer and employee are free to enter into a fresh employment agreement to impose a new termination clause, assuming appropriate consideration is exchanged. Two of the individuals separated from the company.

Rated 7/10 based on 38 review
Download
Labour law case solutions