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Just Cause

Supreme Court of Canada denies leave to appeal in Soost v. Merrill Lynch Canada employment termination case

The Supreme Court of Canada has denied leave to appeal of the Alberta Court of Appeal's decision in Merrill Lynch Canada Inc. v. Soost, 2010 ABCA 251.

The trial judge in this case had determined that the employer did not have just cause to terminate Mr. Soost's employment and had awarded him damages as follows:

  • $600,000 on account of his notice period; and
  • $1.6 million in damages to his reputation and book of business or goodwill. This award was made pursuant to the principles expressed in Honda v. Keays 2008 SCC 39.

On appeal, the Alberta Court of Appeal quashed the $1.6 million damages award. (The notice period damages were not appealed).

"Accused but Not Yet Convicted: What to do When Your Employee is Accused of a Crime?"

"Accused but Not Yet Convicted: What to do When Your Employee is Accused of a Crime?" (March 29, 2011) is the title of a bulletin written by two lawyers - Anthony Houde and Emilie Paquin-Holmested at the Montreal office of Fasken Martineau.

"Social Media: Opportunities and Limitations in the Workplace"

"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. 

Facebook postings about employer that were offensive, insulting, disrespectful provided cause for termination

Jurisdiction: - British Columbia

In a decision issued on October 25, 2010, the BC Labour Relations Board ruled that the employer had just cause to terminate the employment of two employees because of their offensive, insulting, disrespectful and damaging Facebook postings about the employer.

The decision is Lougheed Imports Ltd. operating West Coast Mazda doing business as West Coast Detail & Accessory Centre -and- United Food and Commercial Workers International Union, Local 1518, BCLRB No. B190/2010.

As the Board stated in the decision:  read more »