Lexis Nexis Employment Litigation Manual (Second Edition)
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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.
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Product description
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
Billing Method: Updates Billed As Issued
Table of contents
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
