PRACTICE AREA: Labour & Employment

On consideration of relationship between franchisee and franchisor, franchisee was employee rather than independent contractor and entitled to compensation

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Restrictive covenants [in employment context] are contracts in restraint of trade, and as a general rule, are ... prima facie unenforceable ... there are exceptions to that rule: ...

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... the fact that [the employer] cannot be sued, and so cannot be held vicariously liable, makes no difference to whether its notional vicarious liability constitutes “fault”

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Employee was terminated without cause after less than six months' employment; employee was bound by six-month probation clause

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“Reasonableness” [in context of judicial review of decision of labour arbitrator] is a deferential standard that does not equate to the standard of appellate review that is applied to decisions...

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Employer dismissed employee without appropriate consideration and investigation; Employer did not show conduct incompatible with employee's duties which went to root of contract

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... what is referred to as “bootstrapping.” This is the situation where a party seeks to supplement what would otherwise be considered deficient evidence with allegedly “new” evidence and arguments on appeal.

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Employee filed complaint under Employment Standards Code for vacation pay and holiday pay; employer contended that "vacation pay" in agreement also included holiday pay; umpire found this inconsistent with employer's obligations to keep records and provide written statement separating out vacation and holiday pay under Code

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The concept of “inducement” of an employee to leave secure employment involves a spectrum of facts

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Digest of the Week | Frustration of Contract

Employee took leave of absence for a medical condition and was advised that he was terminated from employment as a result of frustration of contract

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A journeyman is someone who is fully qualified and can perform the full scope of work in the trade or quasi-trade right up to the most complex

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Motion judge found termination clause unenforceable, Court of Appeal found that motion judge should have interpreted whole clause, rather than each sentence Amberber v.

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