PM41261516
Canada's Global Skills Strategy PG.4
A look at the federal government's
program aimed at streamlining the
process to bring talent and new skills
from abroad
BY JEFFREY R. SMITH
IT'S NOT uncommon for a worker to join a com-
pany on a part-time basis before moving to a full-
time position. But should that period of part-time
work be treated differently when determining that
worker's notice of termination? Not according to
a New Brunswick court that recently determined a
worker's service time for the purposes of calculat-
ing the reasonable notice period should include
the worker's entire unbroken period of employ-
ment that started with a few years of part-time
work before progressing to more than a decade of
full-time work.
Woodstock First Nation Economic Develop-
ment Corporation (WFNEDC) operates a casino
called the Eagle's Nest Gaming Palace on the
Woodstock First Nation in New Brunswick. It hired
Kathy Slipp, 58, in July 2001 to be a part-time bin-
go caller at the Eagle's Nest bingo hall. Five years
later, Slipp added office assistant and cashier re-
sponsibilities to her job duties and started working
full-time hours.
A mixed approach to mitigation
for fixed-term employees
Recent cases have highlighted that the duty to mitigate after a breach of a
fixed-term employment contract is treated differently among the provinces
BY MATTHEW TOMM
DOES AN employee who has had their fixed-
term contract breached have a duty to find
other employment during the balance of the
term? The answer is it depends on where you
are. In Ontario, where jurisprudence provides
for damages to the end of the contract's
term without deduction for income earned
in alternative employment, there can be a
windfall for some employees. But courts
outside Ontario are registering disagreement
with that idea.
Under the current law, an employee's dam-
ages after a breach of a fixed-term contract
could vary dramatically between jurisdictions.
Until the jurisprudence settles, prudent em-
July 1, 2020
Workplace safety during COVID-19:
the right to refuse unsafe work PG.3
When remote workers return to the
workplace, employers may face work
refusals due to safety concerns
LAW on page 6 »
CREDIT:
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12 OF WORKER'S on page 7 »
with Brian Johnston
Ask an Expert PG. 2
Vacation and service time for
laid-off workers
Full credit for both
full- and part-time work
Reasonable notice of dismissal should reflect worker's
full term of service, not just time spent working full-time: court
