The Top 10 Canadian court cases on wrongful dismissal and employment law
For an upcoming audio conference, Lancaster House has listed what it believes are the Top 10 Canadian cases (actually 13) on wrongful dismissal and employment law. In no particular order, it appears, the cases and the issues they address are:
- McKinley v. BC Tel 2001 SCC 38 - the factual test the courts will apply when determining if the employer had just cause for dismissal.
- Farber v. Royal Trust Co.  1 S.C.R. 846 and Evans v. Teamsters Local Union No.31 2008 SCC 20 - the test the courts will apply to determine if a change to the terms and conditions of employment amounts to a constructive dismissal and when the duty to mitigate dictates that the employee must continue working for the same employer.
- Janzen v. Platy Enterprises  1 S.C.R. 1252 and Robichaud v. Canada (Treasury Board)  2 S.C.R. 84 - the behaviour that constitutes sexual harassment and the extent of an employer's duty to provide a workplace free of harassment and respond to allegations of harassment.
- Bardal v. The Globe & Mail Ltd. (1960) 24 D.L.R. (2d) 140 (Ont. H.C.) - the factors the courts will take into account when determining the common law reasonable notice period.
- Machtinger v. HOJ Industries Ltd.  1 S.C.R. 986 - the use of contractual notice or severance provisions to displace the common reasonable notice period.
- Red Deer College v. Michaels  2 S.C.R. 324 - the duty of a dismissed employee to mitigate his or her damages by seeking new employment.
- Wallace v. United Grain Growers  3 S.C.R. 701 and Honda Canada Inc. v. Keays 2008 SCC 39 - the basis on which the courts will award a dismissed employee punitive, aggravated, and bad faith/moral damages for the manner in which he or she was dismissed and the employer's acts or omissions surrounding the dismissal process.
- Elsley v. J.G. Collins Insurance Agencies Ltd.,  2 S.C.R.916 - the rules pertaining to non-competition and non-solicitations clauses.
- Rizzo v. Rizzo Shoes Ltd.  1 S.C.R. 27 - the manner in which the courts and tribunals will interpret employment related legislation, such as employment standards statutes.
- Dunsmuir v. New Brunswick 2008 SCC 9 - the standards applied by the courts in the judicial review of a decision of a tribunal or board, such as a human rights tribunal.