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Searching Content indexed under Employment and HR by MacDonald & Associates ordered by Published Date Descending.
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1
Law Firm Slapped With $50,000 In Moral Damages For Abhorrent Treatment Of Articling Student
In Acumen Law Corporation v Ojanen, 2019 BCSC 1352, Ms. Melissa Ojanen ("Ms. Ojanen") was hired as an articling student at Acumen Law Corp ("Acumen")
Canada
4 Sep 2019
2
Avoiding Hiring Pitfalls
To avoid hiring pitfalls, employers should be aware of applicable human rights legislation. An employer that is federally regulated is subject to the Canada Human Rights Act
Canada
27 Aug 2019
3
Workplace Investigations 101: Five Key Steps To Take In A Workplace Investigation
In Ontario, an employer must ensure that an appropriate investigation is conducted into incidents or complaints of workplace harassment.
Canada
8 Aug 2019
4
The Not-So-Dearly Departed: Funeral Home Ordered To Pay Almost $1.3 Million To Employee On Fixed Term Contract
In the decision of McGuinty v. 1845035 Ontario Inc. (McGuinty Funeral Home), 2019 ONSC 4108, the Superior Court awarded almost $1.3 million in favour of Mr. Grant McGuinty
Canada
30 Jul 2019
5
SCC Denies Westjet Leave To Appeal – Sexual Harassment Class Action To Proceed In Civil Court
On July 18, 2019, the Supreme Court of Canada denied WestJet's application for leave to appeal the British Columbia Court of Appeal's ("BCCA") decision not to strike a notice of civil claim.
Canada
26 Jul 2019
6
Employee Stock Options – Proposed Changes To Preferential Tax Treatment
On June 17, 2019 Canadian Finance Minister Bill Morneau released draft legislation that proposes changes impacting the preferential tax treatment of employee stock options
Canada
25 Jul 2019
7
When Does The Clock Start To Run In A Wrongful Termination Case?
On June 28, 2019, the Divisional Court denied leave to appeal the decision of Justice Perrell in Iluyomade v. Toronto Community Housing Corp., 2018 ONSC 7727 (CanLII)("Iluyomade").
Canada
22 Jul 2019
8
Back To Life, Back To Reality: Court Of Appeal Claws Back Landmark Notice Award

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Canada
8 Jul 2019
9
Employee Share Entitlements On Termination: A Matter Of Contract
In a recent decision, Mikelsteins v Morrison Hershfield Limited, 2019 ONCA 515, the Ontario Court of Appeal reversed the lower court's ruling that a former employee was entitled to the increase in the value of shares...
Canada
5 Jul 2019
10
Facebook Job Ad Microtargeting: Getting The Right "Fit" Or Is This Discrimination?
Long gone are the days when job seekers flipped through the daily newspaper in search of their next gig. In the internet age, social media connects employers and job seekers with relative ease.
Canada
3 May 2019
11
Recent Changes To Parental Leave
Sifting through the issues surrounding leave entitlement is not without its challenges. Who is entitled to leave, when and for how long? These are some of the frequently asked questions.
Canada
26 Apr 2019
12
Have The Courts Gone Too Far? The Ontario Court Of Appeal Solidifies The High Threshold For The Tort Of Intentional Infliction Of Mental Suffering
As my colleague reported earlier last week, the Ontario Court of Appeal recently shut down the tort of harassment in Merrifield v Canada, ("Merrifield").
Canada
12 Apr 2019
13
Appellate Court Aborts The Tort: No New Tort Of Harassment
In a recent ruling, Merrifield v Canada (Attorney General), 2019 ONCA 205, the Court of Appeal reversed a lengthy trial court decision that boldly created a free-standing tort of harassment.
Canada
1 Apr 2019
14
Don't Judge A Book By Its Cover: The Emergence Of The Dependent Contractor (Part 2)
Historically, the law in Canada has used the word "employee" as an entry to coverage, employing the difference between an employee and an independent contractor.
Canada
27 Mar 2019
15
Don't Judge A Book By Its Cover: The Emergence Of The Dependent Contractor (Part 1)
In 1999, Boomers made up over half (51.4%) of the workforce.
Canada
11 Mar 2019
16
Breaking-Up Is Complicated! Constructive Dismissal And The Duty To Mitigate
He began his career at Strone as a carpenter, and was subsequently promoted to the position of Health & Safety Training Specialist.
Canada
7 Feb 2019
17
Liability For The Tort Of Intentional Infliction Of Mental Suffering
The tort of intentional infliction of mental suffering ("IIMS") is not awarded often, and requires the Plaintiff to meet a very high threshold.
Canada
29 Jan 2019
18
What Employers Can Do To Support Victims Of Domestic Violence
The #MeToo movement has put sexual harassment and violence in the workplace front and center. But what about violence that occurs in the personal lives of employees, such as domestic abuse and sexual violence?
Canada
21 Jan 2019
19
Uber's Employment Contract Is Illegal And Unconscionable – The Ontario Court Of Appeal
In Heller v. Uber Technologies Inc., 2019 ONCA 1, the Ontario Court of Appeal found that the arbitration clause in Uber's driver services agreement and UberEATS services agreement ...
Canada
11 Jan 2019
20
Non-Discretionary Bonuses
It is quite common for employers to omit (intentionally or otherwise) payment of any bonuses a dismissed employee would have earned had they been given working notice or remained employed.
Canada
9 Jan 2019
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