Morgan Rowe spoke on November 21, 2014 to the University of Ottawa law school’s human rights law course on emerging areas in human rights law.

On November 12, 2014, Andrew Astritis spoke to a labour law class at the University of Ottawa law school about three cases in which Raven, Cameron, Ballantyne & Yazbeck appeared as an intervener before the Supreme Court: Mounted Police Association of Ontario v Attorney General of Canada, Robert Meredith v Attorney General of Canada, and Saskatchewan Federation of Labour v Her Majesty the Queen, in Right of the Province of Saskatchewan. Decisions in these cases, which involve labour rights and freedom of association, are currently pending from the Supreme Court.

On December 10, 2014, Andrew Astritis will be presenting at the 3rd Annual Human Rights Summit hosted by the Law Society of Upper Canada.  Andrew will be speaking on his recent, May 2, 2014, Federal Court of Appeal decision in Johnstone v. Canada Border Services Agency decision on family status accommodation. In this decision Justice Mainville  recognized that there “[t]here should be no hierarchy of human rights” and provided that “protection from discrimination for childcare obligations flows from family status in the same manner that protection against discrimination on the basis of pregnancy flows from the sex of the individual.  In both cases, the individual would not require accommodation were it not for the underlying ground (family status or sex) on which they were adversely affected.”  For additional information or registration, please go to the Law Society of Upper Canada’s website.

One of the questions employment lawyers hear most frequently is whether an employer is allowed to terminate an employee for no reason. The short answer? Yes. Unless your employment contract states otherwise, your employer does not need a good reason, or indeed any reason, to terminate your employment. A termination without a reason is called termination “without cause”.

Termination without a reason—termination with notice

A termination without cause does not mean you have no rights as an employee. Generally speaking, if you are terminated for no reason or “without cause”, then you must be provided with notice of the termination, or payment in lieu of notice. The amount of notice required is determined by the terms of your employment contract, relevant legislation, and common law legal principles. (See “Know Your Rights—Determining the Terms and Conditions of your Employment”  and “What is reasonable notice?”  for more information.)

Termination with a reason—termination for just cause

There are circumstances where an employer fires an employee for good reason, and as a result does not provide any notice to the employee. This is called a termination “for cause” or “with just cause”—if the employer has just cause to terminate the employee, the employer is not required to give notice of the termination. (See “What is just cause for termination?”  for more information.)

One reason the employer cannot terminate you—a discriminatory reason

There is an important exception to the rule that you can be fired for any reason: the employer cannot fire you for a discriminatory reason. For example, your employer cannot terminate you because of your sex, race, sexual orientation, age, or disability, because that would violate human rights legislation. You should consult an employment lawyer if you have reason to believe you have been fired for discriminatory reasons.

Conclusion

Absent any discrimination, your employer can terminate you without cause, but with notice; or it can terminate you with just cause, and without notice. If you believe you have been terminated without just cause, and without adequate notice, you may have a case of wrongful dismissal, and you should seek advice from an employment lawyer.

We are here to help: Consult one of our experienced employment lawyers at Raven, Cameron, Ballantyne and Yazbeck LLP if you are considering making a claim for wrongful dismissal. 

[The following information applies to non-unionized employees. This article is for informational purposes only and does not constitute legal advice, which cannot be given without consideration of your individual circumstances.]

On November 24, 2014, the Canadian Artists’ Representation/Le Front des artistes canadiens (CARFAC) and the Regroupement des artistes visuels du Québec (RAAV) reached a tentative agreement with the National Gallery of Canada on the terms and conditions for the exhibition and reproduction of works of art, as well as the provision of professional services by living Canadian artists at the National Gallery. As CARFAC/RAAV explain, “The parties are proud to have reached this ground-breaking agreement to remunerate living Canadian artists, a historic milestone that will undoubtedly contribute to the long-term sustainability of the visual arts in Canada.” The agreement will now proceed to a ratification vote by members.

The ability of CARFAC/RAAV to reach this historic agreement is due in large part to the Supreme Court of Canada’s decision in Canadian Artists’ Representation v National Gallery of Canada in June of this year. CARFAC/RAAV were represented by David Yazbeck, Michael Fisher and Wassim Garzouzi from RavenLaw in this successful appeal to the Supreme Court.

On March 21, 2013, James Cameron participated on a panel on persons with high-conflict personalities and how to deal with them in the workplace.

People who have a pattern of creating or increasing conflict with others can be characterized as people with ‘high-conflict personalities.’ With these individuals, the issue in dispute doesn’t cause the tension; rather, the individual’s personality causes the tension. People with high conflict personalities may have underlying personality disorders, or traits of a personality disorder. In this session experts will identify high conflict patterns of behaviour, provide information on common personality disorders, and discuss legal considerations and dispute resolution techniques relevant to dealing with conflict in the workplace.

For further information, please visit the Lancaster House website.

David Yazbeck will co-chair the Lancaster House Ottawa Labour Law Conference, on May 16-17 at the Ottawa Conference Centre.

Raven, Cameron, Ballantyne and Yazbeck, LLP/s.r.l. takes great pride in helping working people across Canada. Doing so means we need a national presence and greater communications channels. To this end, we have created a brand new website that provides a greater level of access to our services.

The new Ravenlaw.com includes:

• Information about Ravenlaw and our values.
• Profiles and contact details of our lawyers, staff and students.
• Fields of expertise for each lawyer.
• News and updates from Ravenlaw.
• Career oppurtinities.
• Articling opportunties for students.
• A comprehensive directory of contact details, including social media.

Our website, like our practice is completely bilingual, available in both English and French.

Our new website is fully accessible and browsable by users with assistive technology. The site is also responsive, which means it will be dynamically rendered to be viewable on your desktop, tablet or smartphone. Our goal was to create an intuitive and dynamic website that anyone can access at any time.

Design and development was done by Ottawa-based agency Soshal. Soshal works with purpose-driven organizations to build effective websites that focus on helping people.

We welcome your feedback on the new Ravenlaw.com, and how we can continue to improve our website. Please send your feedback to info@ravenlaw.com.

Andrew Raven will speak at the Lancaster House  Ottawa Labour Law Conference, on May 15, 2003, on employers’ responsibilities to accommodate employees’ family responsibilities.

There is a growing understanding that employers, unions and employees must work together to assist workers in maintaining a functional balance between work life and family life. A failure to accommodate an employee’s family care obligations may be found to be discrimination on the part of the employer. It is important for workplaces to have clear policies and processes in place to assess family care issues as they arise and to implement accommodative measures where appropriate.

On November 8, 2014, James Cameron from Raven, Cameron, Ballantyne & Yazbeck LLP will be speaking before members of the Association of Professional Executive of the Public Service of Canada APEX.   James’ presentation on “Rights, Responsibilities, and Realities – Employment Law Matters for Government Executives” will highlight some surprising realities for APEX members.

Government executives may be surprised to learn that as they progress up the hierarchy, their access to basic employment law rights may actually narrow. What employment law rights and responsibilities government executives still possess or may access will be the focal point of this talk. The members will hear about basic legal principles governing demotions, terminations, changes to duties, severance packages, and other topics. Successful negotiation strategies, based on real-life experience with many Government Executives, will be discussed.