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Employment law

Transforce inc. c. Baillargeon, 2012 QCCA 1495 (CanLII)

The Facts:  A top level executive (Respondent) is hired by Transforce.  Complete Decision.  Just before being hired by Transforce, he is suspended by his previous employer Ratiopharm because of an anonymous email allegation of embezzlement.  The allegations turn out to be unfounded and Respondent’s suspension is lifted.  During the hiring process with Transforce, Respondent does […]

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Hemens c. Sigvaris Corp., 2004 CanLII 42042 (QC CA)

The Quebec Court of Appeal held that articles 2091 and 2092 of the Civil Code of Quebec regarding sufficient and reasonable notice of termination are of public order.  Complete Decision.  The Courts will have wide discretion  on the reasonableness and adequacy of the notice period.  Such that, if an employee’s contract of employment stipulates a […]

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Premier Tech ltée c. Dollo, 2015 QCCA 1159 (CanLII)

Issue:   The notion of serious reason to terminate.  Complete Decision. The Facts: The employer terminates the V.P. finance.  The reason given by the employer is his failure to achieve the financial objectives.  The evidence revealed that the financial difficulties of the employer were related to the the financial crisis, the Canadian dollar and the cost […]

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Ponce c. Montrusco & Associés inc., 2008 QCCA 329 (CanLII)

Issue:  Abuse of rights in the termination of employment.  Complete Decision. The employer, Montrusco, recruits and encourages the employee to leave his previous employment to join Montrusco.  Eight months later, Montrusco terminates the employee.  The employee claims compensation for moral damages as a result of alleged abuse of right by the employer. Decision:  The Court […]

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Structures Lamerain inc. c. Meloche, 2015 QCCA 476 (CanLII)

Issue: Abuse of rights in the termination of employment.  Complete Decision. Decision: In the case of unjustified dismissal, there will be an abuse of right only if an additional fault was committed and that this additional fault results in damages that are distinct from those that result from the termination of the contract of employment.  […]

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McKinley v. BC Tel, [2001] 2 SCR 161, 2001 SCC 38 (CanLII)

Issue: Whether an employee’s dishonesty, in and of itself, necessarily gives rise to just cause for summary dismissal.  Complete Decision. The Facts: The employee had 17 years of service and was 48 years old. The employer B.C. Tel. took the position that they had just cause for summary dismissal of the employee alleging that he […]

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Stern c. Valeurs mobilières Desjardins inc., 2012 QCCS 654 (CanLII)

Issue: Does refusal to abide by the employer’s administrative policies constitute serious reason/insubordination?  Complete Decision. Decision: The employer repeatedly warned Plaintiff that his production and assets under management figures were insufficient.  He was issued an ultimatum however he not only failed to meet the performance objectives set by his employer, he did not even diligently […]

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Centre de santé et de services sociaux de l’Ouest-de-l’Île c. Koziol, 2011 QCCQ 1791 (CanLII)

The Facts: Defendant, a pharmacist, is recruited by Plaintiff for the Centre de santé et de services sociaux de l’Ouest-de-l’Île. Defendant is paid a signing bonus of $10,000 on the condition she work for at least two years.  Complete Decision  Two months after being hired, defendant is dismissed without cause, prior notice or severance.  Plaintiff sues Defendant for the reimbursement of the […]

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Quebec (Commission des normes du travail) v. Asphalte Desjardins inc. [2014] 2 S.C.R. 514

Issue: When an employee gives the employer a prior notice of resignation, can the employer terminate the employee before said notice?  Complete Decision. Decision: The Supreme Court held that the 3 weeks advance notice of resignation given by the employee did not have the effect of immediately releasing the parties from their respective obligations under […]

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Levy c. Standard Desk Inc., 2013 QCCA 1473 (CanLII)

Issue: Reasonability of indemnity notice in lieu of notice & moral damages.  Complete Decision. The employee, with 41 years of service as quality control supervisor in Laval, earned $38,620 yearly.  The employer gave 2.5 months prior notice however all employees were advised 5 months prior that the company would close down shortly.  The employee was offered […]

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