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Topical Articles

"Terminating Employees for Cause: A Review of Recent Cases on Just Cause"

Jurisdiction: - British Columbia

"Terminating Employees for Cause: A Review of Recent Cases on Just Cause" is the title of a paper prepared by Michael R. Howcroft.

The paper was prepared for the Employment Law Conference (Continuing Legal Education Society of British Columbia) in May 2010. Mr. Howcroft is a lawyer at Blake, Cassels & Graydon LLP, in Vancouver, BC,

The paper addresses the following topics:

  • Dishonesty
  • Dishonesty During Investigation

"Employee Improprieties – Avoiding Disaster When Dealing With the Dishonest Employee"

Ontario lawyer Howard A. Levitt, at Lang Michener LLP, has written a paper entitled, "Employee Improprieties - Avoiding Disaster When Dealing With the Dishonest Employee" (May 2010).

He presented the paper at the ACFI 12th Annual Fraud Conference and Workshop in Toronto on May 3, 2010. The paper's introduction states: 

This paper will attempt to identify what kind of dishonest conduct amounts to just cause for dismissal, and provide the employer with effective strategies for identifying, investigating and ultimately removing dishonest employees from the workplace, without exposing itself to liability. 

"Workplace Investigations: Avoid Acting First and Asking Questions Later"

When I was researching the paper I presented last Thursday on workplace investigations, I came across this November 2006 paper - Workplace Investigations: Avoid Acting First and Asking Questions Later - written by two labour and employment lawyers at Blake, Cassels & Graydon LLP.

"Vorvis, Wallace and Keays - Is Wallace Dead?

Jurisdiction: - Ontario

Lawyers at Koskie Minsky LLP prepared a paper entitled "Vorvis, Wallace and Keays - Is Wallace Dead?" (April 29, 2010) for the Ontario Bar Association 9th Annual Employment Issues: Developments in Supreme Court Doctrine Conference.

"Pre-Employment Screening: Changes to the Criminal Records Check Process"

"Pre-Employment Screening: Changes to the Criminal Records Check Process" is the title of an article published today by law firm McCarthy Tetrault. The article addresses an Interim Policy Statement that has been issued by the RCMP concerning processes and procedures for criminal records checks. The article can be read here.

"What Constitutes Family Status Discrimination?"

Jurisdiction: - Ontario
Sector: - Utilities

"What Constitutes Family Status Discrimination?" (March 24, 2010) is the title of an article written by Maria Kotsopulous, a lawyer at Blaney McMurtry in Ontario.

The article addresses the arbitration award in IBEW, Local 636 vs. Power Stream Inc. (Bender) (Re),  186 L.A.C. (4th) (June 11, 2009) (N Jesin) (Ontario).

The article was originally published in the newsletter Employment Notes.

"Fiduciary Obligations of Former Employees in the Oil & Gas Industry"

Sector: - Oil & Gas

Two lawyers at Blakes have published a memorandum that addresses "Fiduciary Obligations of Former Employees in the Oil & Gas Industry". The memo is undated but appears to have been written in 2007 or later, based on the cases cited.

"Employees Obligations to Their Employers"

Lauren M. Bernardi has written an article on, "Employees Obligations to Their Employers" (undated).

Ms. Bernardi is a a lawyer and human resource advisor with the Mississauga firm of Bernardi Human Resource Law.

"Conducting A Harassment Investigation, The Do's and Don'ts"

Alberta lawyer Carolyn Hutniak has prepared some useful guidelines for employers on "Conducting A Harassment Investigation, The Do's and Don'ts" (undated).

"Directors and Officers Liability in the Employment Context"

Jurisdiction: - Ontario

Lawyer George Waggott and student Mariam Al-Shikarchy, both at Lang Michener in Toronto, have written a paper on "Directors and Officers Liability in the Employment Context" (February 2010). The paper addresses the following topics:  read more »