In a wrongful dismissal claim in Ontario, it is up to the employer to prove that employees failed to mitigate their damages and that had they taken reasonable steps to do so, they would have likely obtained equivalent or reasonable employment.
A recent decision in Ontario establishes that global employment is factored into the calculation of an employer’s payroll under s. 64 of the Employment Standards Act, 2000 (ESA); the calculation is not restricted to employment in Ontario.
Governor Sisolak recently signed into law Senate Bill 386, which is Nevada’s version of the trending “return to work” or “right to recall” laws being passed in other jurisdictions throughout the country in response to the COVID-19 pandemic.
In its 81st Session, the Nevada Legislature passed and Governor Sisolak signed into law approximately 140 pieces of new legislation. This article highlights key labor and employment laws that will soon take effect, or already are in effect.
Just six weeks after holding that Ontario Regulation 228/20 under the ESA did not remove an employee’s common law right to claim constructive dismissal arising from a layoff during the pandemic, the Ontario SJC came to the opposite conclusion.
To date, few decisions in Canada have considered whether the amount of the Canadian Emergency Response Benefit (CERB) employees receive after their job termination should be deducted from their damages in lieu of common law reasonable notice.
On May 27, 2021, in Todd v. Fayette County School District, a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit affirmed the propriety of a school district’s decision to end a mentally ill teacher’s employment.
Montana Governor Greg Gianforte recently signed two bills designed to establish the framework for recreational cannabis and to begin to implement voter initiatives regarding the sale, use and possession of recreational marijuana.
A recent Ontario court ordered an employer to pay damages for reasonable notice at common law when it decided the employer repudiated its employment agreement for failing to comply with one of its termination provisions.
Montana Governor Greg Gianforte recently signed three bills that make significant changes to Montana’s Wrongful Discharge from Employment Act, Human Rights Act, and Wage Protection Act.
