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1
Tribunal Awards Four Years' Lost Wages To Job Applicant Who Lied About Immigration Status
The Human Rights Tribunal of Ontario (the "Tribunal") recently awarded $101,363.16, representing four years' lost salary, and $15,000.00 for injury to dignity,...
Canada
2 Oct 2019
2
Embracing the #MeToo Movement
#MeToo has quickly caught wind as a widespread movement that sheds light on the prevalence of sexual assault and harassment, particularly in the workplace.
Canada
24 Sep 2019
3
No "Passing The Torch": Only Unions And Employers (Not Grievors) May Bring Judicial Review Applications
Grievance arbitration is intended to be an efficient and cost-effective means to resolve workplace disputes without resort to costly litigation in the courts. When an arbitrator issues an award
Canada
16 Aug 2019
4
Can A Corporate Director Face A Personal Injury Suit For A Workplace Accident? Alberta Court Of Appeal Says Yes!
The fundamental principle of workers' compensation across Canada is that workers who suffer an injury "in the course of employment" give up their right to sue ...
Canada
29 May 2019
5
Think You Suffered Family Status Discrimination? First Things First – Were You Employed In Ontario Or B.C.?
The law governing family status discrimination under human rights legislation is unsettled and varies from jurisdiction to jurisdiction.
Canada
2 May 2019
6
Has BC Court Opened The Door To More Court Claims Of Harassment?
Since the early 1980s, plaintiffs have been precluded from bringing court actions solely predicated on suffering discrimination or harassment under human rights legislation.
Canada
26 Apr 2019
7
Employer's Just Cause Assertion Backfires, Results In $1,000,000 In Liability
The employer asserted just cause on the basis of an alleged fraud.
Canada
12 Mar 2019
8
Mud In The Water: Divisional Court Holds Limiting Language Required To Displace Presumption Of Reasonable Notice
It is becoming increasingly difficult for employers to understand what language is required in order for a termination clause to be enforceable.
Canada
27 Dec 2018
9
Bill 66 Proposes Further Employer-Friendly Amendments To Workplace Laws
The Ontario government introduced Bill 66, Restoring Ontario's Competitiveness Act, 2018 on December 6, 2018. Bill 66 passed First Reading, and is set to bring about further employer-friendly...
Canada
21 Dec 2018
10
Never Too Late: Court Rejects Employee's Attempt To Avoid Liability For Theft
What options are available to an employer who, after signing a mutual release releasing an employee from liability, finds out that the employee embezzled a large amount of money?
Canada
4 Dec 2018
11
Reporting Bad Conduct To Regulator Defamed Ex-Employee
The Court of Appeal recently confirmed that an employer defamed an ex-employee when the employer filed a false report with an industry regulator.
Canada
3 Dec 2018
12
The Truth Will Set You Free – A Bad Reference Is Not Necessarily Defamatory
The Divisional Court recently upheld a trial decision finding that an employer did not defame a former employee when it gave him a bad reference.
Canada
15 Nov 2018
13
Ontario Court Confirms That Unwanted Management Is Not A Constructive Dismissal
An increasingly common theme in wrongful dismissal actions are employee claims that an employer's allegedly heavy-handed and insensitive management constitutes a constructive dismissal.
Canada
11 Nov 2018
14
Zero Tolerance Policies And Medicinal Marijuana
Marijuana will soon be legal for recreational use nationwide and many employers are scrambling to respond to the challenges this important change will have for safety policies and discipline issues.
Canada
5 Oct 2018
15
Court Disregards Release Where Settlement "Unconscionable"
The Ontario Superior Court recently allowed an employee to proceed with claims against his former employer regarding long-term disability insurance, even though he had signed a release in exchange for a severance package when his employment ended.
Canada
7 Sep 2018
16
Superior Court Confirms that Employers can Fundamentally Change Employment Contracts with Reasonable Notice
In Lancia v. Park Dentistry, the Ontario Superior Court confirmed that employers can change the fundamental terms of an employee's employment, without providing consideration...
Canada
24 Jul 2018
17
Suspensions: Caution Required
Suspensions are an important disciplinary measure for employers, often bridging the gap between less significant discipline and termination.
Canada
24 Jul 2018
18
Ontario Court Of Appeal Finds Clarity In Termination Clause
The Ontario Court of Appeal recently overruled a decision regarding a termination clause, finding that the provision clearly and unambiguously ousted the presumption of common law reasonable notice.
Canada
24 Jul 2018
19
Standard Release Language May Not Protect Against Sexual Harassment Allegations
The Ontario Superior Court recently found that sexual harassment does not necessarily "arise out of" the employment relationship, even when it is perpetrated by another employee at the workplace.
Canada
4 Jul 2018
20
Off-Duty Drunk Driving Not Just Cause For Termination – Even For A Firefighter
In Klonteig v West Kelowna (District), the British Columbia Superior Court found that an employer that terminated a firefighter for driving drunk in a fire department vehicle while off duty did not have just cause...
Canada
4 Jul 2018
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