"Social Media: Opportunities and Limitations in the Workplace" (December 19, 2010) is the title of a recent paper by Carman J. Overholt, Q.C. and Emily Pitcher. Mr Overholt is a lawyer at Fraser Milner Casgrain in Vancouver and Ms. Pitcher is a student at law.
Ontario arbitrators uphold just cause dismissal of IT employee who used work computer/server for personal purposes
See a case summary by law firm Fasken Martineau here: "Tech Employee Fired for Egregious Computer Use - Termination Justified", January 18 2011.
John D. Campbell and Stephanie L. Turnham have written an article entitled "Are Pension Benefits Deductible From Wrongful Dismissal Damages?" (October 2010). They are lawyers at WeirFoulds LLP in Toronto. The article was published in Canadian Corporate Counsel magazine.
In the article, the authors state that:
In Ontario, and generally throughout the common law provinces of Canada, the current consensus is that pension benefits received during the notice period are not to be deducted from wrongful dismissal damages".
They go on to state, however: read more »
Hadiya Roderique, a lawyer at Fasken Martineau in Ontario, has written a bulletin entitled "Background Check Program a Reasonable Exercise of Management Rights" (August 4, 2010).
The bulletin provides a case summary of the decision of Arbitrator Watters in Re Diageo Canada Inc. and C.A.W.-Canada, Local 2098 (January 20 2010).
Employee-shareholder dismissed for cause awarded damages for improper invocation of Shareholders' Agreement
In Link v. Venture Steel Inc. and Ruben Rivas, 2010 ONCA 144 the Ontario Court of Appeal upheld a decision in which a former Vice-President of Sales was awarded more than $4 million in damages, most of which related to company shares the employer had improperly purchased, pursuant to a Shareholders' Agreement, at the time it dismissed the employee for just cause.
The case also addressed the issue of how non-competition and non-solicitation provisions in a Shareholders Agreement will impact on a court's analysis of whether an employee's mitigation efforts were reasonable.
Lawyers at Fasken Martineau has prepared a summary of the case ("Beware the Perils of Firing Employee-Shareholders", June 22, 2010) that can be found here.