Vicarious Liability

Innocent Employer Takes the Hit for Employee’s Failings Vicarious liability is a legal concept which holds a company responsible for the wrongdoing of an employee or employees. If a vicarious liability argument is successful, there is no need to establish any improper conduct of the company. The liability or legal responsibility, in this sense, is […]

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The Duty to Investigate

A recent decision in British Columbia[1] has drawn fresh attention upon an important issue in employment law. The Fundamentals An employer who makes allegations of serious misconduct against an employee must conduct an impartial investigation into the questioned conduct of the employee. The failure to do so will not only weaken the evidence of wrongdoing […]

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Mediation in Employment Cases

Mediation has become an effective and popular tool to achieve a settlement of existing and even threatened litigation, particularly in employment law cases going to trial. In certain cities in Ontario, such as Windsor, Toronto and Ottawa, mediation is a mandatory process. However, often the parties may voluntarily agree to use a mediator to try […]

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