Welcome to JSS Barristers Insights. Here you’ll find a variety of thought-leadership, from concise summaries of regulations to more in-depth analyses of how Rules of Court can affect the courts’ decisions.
Category: Employment Law
Am I Valid? Unpacking Termination Clauses in Employment Contracts
June 12, 2024
Termination clauses in employment contracts can limit the amount of severance owed to an employee terminated without cause. But are they enforceable? Simon McCleary and Filippo Titi unpack this complex and evolving area of employment law.
Unilateral Unpaid Leave of Absence May Not Trigger Constructive Dismissal
November 3, 2022
Erin J. Baker and Sarah Miller outline the main takeaways from Justice MacNaughton's decision in Parmar v Tribe Management Inc. that a mandatory vaccination policy in the workplace may not trigger constructive dismissal.
Mandatory Vaccinations in the Workplace
July 22, 2021
With the widespread availability of COVID-19 vaccinations in Canada, employers are anxious to get their employees vaccinated and “back to normal,” employers are likely thinking about what they can do to return to pre-pandemic operations. The question then arises: can an employer require employees to get the COVID-19 vaccine? And, if an employee refuses, what options does the employer have?
Refusing to Return to Work? CERB Isn't the Answer
June 18, 2020
Some low-wage workers are opting to continue receiving their CERB benefits citing that the payments are more than their paycheques. Cassandra Sutter issues a warning against that approach.
Suing After a Workplace Accident
June 16, 2020
If you have been injured at work, Maureen McCartney-Cameron lists 5 things that you should be aware of when bringing an action to your employer.
Tort Liability in a COVID World, Part 2: The Case of Walmart
April 17, 2020
Could your business be liable for failing to protect your employees and customers from COVID-19? Laura Warner and Sarah Bernamoff explore a recent lawsuit against and Arkansas Walmart and explain what businesses can do to protect themselves from liability.