Labour and Employment Communiqué

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Special Two Part Series - Employment Issues in an Economic Downturn

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Part 1: Changes To Terms Of Employment In An Economic Downturn

Jill W. Wilkie

During the current recession, employers may be tempted to make substantial changes or dismiss a portion of their workforce to reduce operating costs.  Even with preparation, both of these options expose employers to damages for constructive dismissal.  Constructive dismissal occurs...

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Part 2: Update on the Calculation of Reasonable Notice in an Economic Downturn

Jill W. Wilkie

The calculation of reasonable notice will always be an issue where there is no express termination provision in the employment contract. This calculation grows increasingly complex with the addition of economic stress. The employer has a common law duty to...

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