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This manual takes a common-sense approach to wrongful dismissal litigation and other employment litigation, balanced with a thorough understanding of all relevant common and statutory laws.
LexisNexis Canada is pleased to announce the publication of the new edition of the Employment Litigation Manual. Fully updated and revised, this Manual takes a common-sense approach to wrongful dismissal litigation and other employment litigation, balanced with a thorough understanding of all relevant common and statutory laws. It describes in detail:
Terms and conditions of employment contracts
How contracts can be breached by both employers and employees
Types of workplace tort
Remedies for breach of contract
Dismissed employee's duty to mitigate
Alternatives to wrongful dismissal actions
Improved and Enhanced
The second edition features the content and organization you've come to rely on, with additions of:
Quicklaw citations to commentary and the Table of Cases, enabling user move quickly and easily between print and electronic resources
New sturdy 5-post binders decrease the risk of page tears
New improved page layout for ease of use and readability
Features and Benefits
Employment Litigation Manual guides you through the entire litigation process. You'll learn how to:
Prepare clients for litigation
Draft pleadings
Defend a wrongful dismissal action
Assemble and present a strong court case
Present an appeal
This Manual explains how to settle at these key stages in the litigation process:
Pre-planning
Mediation
Discoveries
Pre-trial
Trial
After trial, if there is potential for an appeal
Plus
It discusses trends that are changing how employment disputes are handled, including:
Class proceedings
Property issues
Jurisdictional disputes
Alternate dispute resolution
Post employment competition and proprietary information
Other Features, include:
National scope, with a separate chapter on employee dismissals in Quebec
Overviews and conclusions for each chapter
Numerous case examples
Appendices, including trial management forms and sample arbitration agreements
PART I: INTRODUCTION Chapter 1: Rules for a Working Society Chapter 2: Introduction to Common Law and Legislative Frameworks Relating to Wrongful Dismissal PART II: ELEMENTS OF A WRONGFUL DISMISSAL CASE Chapter 3: Terms and Conditions of the Employment Contract Chapter 4: Breach of an Employment Contract Chapter 5: Dismissal for Cause or Due to Frustration of Contract Chapter 6: Workplace Tort Obligations in Canada Chapter 7: Remedies Chapter 8: Property Issues in the Employment Relationship Chapter 9: Mitigation of Damages PART III: INITIATING THE CLAIM Chapter 10: Evaluation of the Claim Chapter 11: Writing and Responding to Demand Letters Chapter 12: Alternatives Proceedings under Statute PART IV: PLEADINGS Chapter 13: Pleading the Case for the Plaintiff Chapter 14: Jurisdictional Considerations Chapter 15: Strategic Considerations Chapter 16: Defences to a Wrongful Dismissal Action Chapter 17: Reply – Tactical Considerations Chapter 18: Alternative Dispute Resolution Chapter 19: Pre-trial Issues – Getting Ready for Trial PART V: RESOLVING THE CLAIM Chapter 20: Settlements Chapter 21: Conducting a Wrongful Dismissal Trial Chapter 22: Costs PART VI: OTHER KINDS OF PROCEEDINGS Chapter 23: Conduct of an Employment Standards Complaint Chapter 24: Human Rights Proceedings Chapter 25: Canada Labour Code Proceedings Chapter 26: Class Actions in the Employment Context Chapter 27: Employee Dismissals in Quebec PART VII: CONCLUSION Chapter 28: Appeals Chapter 29: Good Advice, Good Advocacy
James G. Knight, LL.B., is the managing partner of Filion Wakely Thorup Angeletti LLP, working out of both the Hamilton and Toronto offices. He has 40 years of experience representing management in labour and employment law. Jamie regularly appears before the courts, arbitration boards and federal and provincial labour relations tribunals, as well as before adjudicators in human rights, employment standards and health and safety matters. He has extensive experience in collective bargaining and in guiding employers through the process of responding to union organizing campaigns. Jamie is a Fellow of the American College of Labor and Employment Lawyers. Jamie was named by Best Lawyers as the 2019 and 2023 Lawyer of the Year for his work in Labour and Employment Law in Hamilton. In 2017, he was also named the Canadian HR Reporter 2017 Employment Lawyer of the Year, as selected by Canadian Lawyer Magazine.
Jamie has authored or co-authored over 20 publications for human resources professionals and lawyers, most of them in multiple editions. Jamie taught management and human resources employees in employment law programs at the University of Guelph for 20 years, with a focus on workplace safety and the legislative requirements for managing human resources. He was a member of th, e Board of Directors of the Canadian Association of Counsel to Employers (CACE) from 2008 to 2019. He is a past President (2016-17) and former Chair of the Human Rights Committee (2010-15), and was Co-Chair of the 2011 CACE Conference. Jamie also co-chaired the annual LSUC Conference, “6-Minute Labour Lawyer” from 2008 to 2014, and continues as a speaker. Jamie has travelled widely, including to sub-Saharan Africa, where he and his wife have been involved with Canadian charities working in local partnerships to improve education, child care and micro-finance opportunities for women and disabled persons.