What you missed on your summer vacation: A recap of the Canadian employment matters you may have missed this summer

October 2, 2024

As summer comes to a close and we transition into fall, it's a good time to reflect on significant developments in Canadian employment law that occurred over the past few months.

In British Columbia, the Court of Appeal endorsed a "practical, common-sense approach" to interpreting contractual termination provisions, affirming that employers must clearly state their obligations to employees in contracts. In Alberta, a case involving a safety-sensitive employee highlighted that employees must cooperate during the accommodation process; the court dismissed a human rights complaint after the employee failed to comply with treatment recommendations. Meanwhile, the Ontario Superior Court upheld the just cause dismissal of a long-serving employee for sharing confidential information and lying during an investigation, reinforcing the importance of loyalty and honesty in the employment relationship.

Other notable decisions include an Ontario ruling that clarified employees cannot retain company property post-dismissal unless they prove wrongful dismissal, and a case that allowed an employer to require an independent medical examination when an employee claimed they were unable to mitigate damages due to mental health issues. Lastly, the Tribunal ruled that normal management practices do not constitute psychological harassment, setting a high threshold for such claims.

For more information on these cases or any questions related to the legal implications of these decisions on your business, please contact the authors, Andy Pushalik, Taylor Holland, Victoria Merritt, Mia Music or Nicolas Seguin.

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