November 25, 2008

Recovering damages from negligent employees

Where an unskilled labourer causes losses to her employer through negligence, the employer is unlikely to recover any damages from that employee if her actions did not affect a third party to which the employer is vicariously liable.  This proposition has been expressed in recent decisions of Canadian courts examining the implied terms of employment…

June 10, 2008

Vicarious liability for employees’ misconduct

Vicarious Liability: Organizations May Have to Pay for the Misdeeds of Their Employees Employers are not liable for all wrongful acts of their employees. Traditionally, employers in Canada have only been vicariously liable for acts that were committed in their employees’ “course of employment,” meaning the act was explicitly or implicitly authorized by the employer….

May 25, 2008

Can an employer waive notice and end the employment immediately without severance if an employee gives less than two weeks’ notice of resignation?

Question: If an employee gives less than two weeks’ notice she’s quitting, can the employer waive the notice and end the employment immediately without severance?  What is required generally when an employee quits? Answer: An employee has a duty to provide her employer with reasonable notice of resignation.   To determine the length of notice…

September 26, 2007

Termination for sexual harassment – office romance gone wrong

Q:  When can an employer terminate an employee for sexual harassment in the context of an office romance that turned sour? Answer: Given the increased awareness of sexual harassment issues in the workplace along with the increased importance of avoiding conflict of interest situations, the issue of dealing with the potential problems surrounding office romances…

February 2, 2005

Profit sharing and employees who resign

Question: Is an employer who normally pays profit sharing based on the previous year’s results in the subsequent year, bound to pay that amount to a person who resigns effective at the end of the preceding year? Answer: The payment of profit sharing and bonuses to employees who resign prior to the date of payment…

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