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Just Cause

Director of company breached fiduciary duties in approving own excessive compensation package

In Unique Broadband Systems, Inc. (Re), 2014 ONCA 538, the Ontario Court of Appeal ruled that a director of a company breached his fiduciary duties in approving an excessive compensation package for himself and the other directors and that his actions were not protected by the business judgment rule.  

"Top 10 Employment And Labour Law Cases In 2013" according to Cassels Brock & Blackwell

The law firm of Cassels Brock & Blackwell has issued their, "Top 10 Employment And Labour Law Cases In 2013". 

The cases on their list are set below. Note: the summaries with the cases are mostly my word-for-word cut and paste's from the original article:

1. Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper, Ltd., 2013 SCC 34

The Supreme Court of Canada ruled that random alcohol testing in the workplace is prohibited unless the employer can prove that, in addition to having a dangerous workplace, there are other pressing factors such as an overt substance abuse problem in the workplace.

2. Pate Estate v. Harvey (Township), 2013 ONCA 669

The Ontario Court of Appeal agreed that the Township employer had severely mistreated the dismissed employee, but reduced the punitive damages award from $550,000 to $450,000.  read more »

Single incident of violent and threatening behaviour towards supervisor supported just cause termination

Jurisdiction: - Northwest Territories

In I & D Management Services Ltd v Mercredi, 2013 CanLII 89793 (NWT LSB), the Northwest Territories - Labour Standards Board determined that an employee's single incident of violent and threatening behaviour towards a supervisor supported just cause termination.

Specifically, the NWT LSB stated as follows:

Both parties to the dispute agreed that an altercation occurred.  The dispute was not directly related to work issues, but was about the relative merits of treatment centres and other personal issues.  All witnesses to the incident stated that Mr. Mercredi pushed Mr. Kerfont three times.  In his February 14, 2012 statement, Mr. Turcotte stated that Mr. Mercredi threw "a bottle of water at Ray hard".  In a statement made on the same day, Mr. Deforrest stated that Mr. Mercredi threw a cup of coffee at Mr. Kerfont.  read more »