May 2017

The theme of this edition of the Verdict is Disabilities.  There are frequently employment law cases considering the issue of disability, either in the context of terminations of disabled employees or the effect of extended disability on employment law agreements.  There are a myriad of human rights decisions considering the role of disability in adverse treatment in employment relationships and the duty to accommodate disability.  The last few months however have not yielded decisions on this topic, rather the significant decisions of the last few months have considered:

  1. The enforceability of a termination clause in an employment contract;
  2. Notice in the context of a short term, senior employee;
  3. Determination of just cause;
  4. The rights to reasonable notice in circumstances “akin” to an employment relationship; and
  5. Duties and obligations on an employer terminating a probationary employee.

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