To be enforceable, non-competition agreements must, as a general rule, be reasonable and unambiguous in terms of...
Employers should quickly take advantage of recent developments in the Federal Skilled Trades Program. A...
The Ontario Court of Appeal has overturned the Blue Mountain accident reporting decision.
A recent decision by the Ontario Labour Relations Board (“Board”) has just made these considerations...
For years the term “Right to Work” state has been synonymous with jurisdictions in the American South,...
Proposed AODA Built Environment Standard for public spaces released for public consultation and review - Jessica Young & Jeremy SchwartzSubject:AODA - August 23, 2012
The Ontario Government has released a draft of the proposed Built Environment Standard provisions for public spaces....
Ontario's Court of Appeal Quashes Termination After Medical Note Received One Day Late - Jeremy SchwartzSubject:Human Rights, Wrongful Dismissal - August 14, 2012
The Ontario Court of Appeal (ONCA) has quashed an arbitration award which upheld a just cause termination. The...
The decision of the Human Rights Tribunal of Ontario in Sean Carter v. Neurologic Rehabilitation Institute of...
A release of claims signed by an employee upon termination has been struck down by the Ontario Superior Court as...
Recently, the Ontario Court of Appeal recognized a new tort related to privacy rights, that is, “intrusion...
Hire a contractor and you may inadvertently face liability as a “constructor” under Ontario’s ...
Di Tomaso v. Crown Metal Packaging Canada LP: the Court of the Appeal opens the door (again) to longer notice periods for non-managerial employees - Allison TaylorSubject:Employment Law, Wrongful Dismissal - February 17, 2012
Employers can no longer assume that, regardless of their age and length of service, junior employees will always...
Putting Figliola in context: An in-depth analysis of this watershed Supreme Court of Canada decision and the...
A recent decision by the Human Rights Tribunal of Ontario highlights the importance of carefully managing the accommodation enquiry.
A recent decision sheds light on when someone is "disabled" giving rise to the obligation to accommodate.
One recent case provides an example of the potentially devastating financial consequences to a business which opted out of WSIB coverage for executives and wrongly assumed its general liability insurer would cover them.
A recent Ontario court decision highlights the value of written employment contracts.
An arbitrator recently determined that a suspension, but not a termination, was the appropriate level of discipline for an employee who initiated an OHS work refusal in bad faith.
The saga of the OHS prosecution of JR Contracting and other related defendants provides a glimpse into how not to deal with Ministry of Labour Inspectors.
Meet your past and upcoming AODA compliance deadlines.
By comparing and contrasting the approach taken by two different employers in cases adjudicated before the Human Rights Tribunal of Ontario, we can derive best practices when responding to harassment complaints.
In our most recent Update, read more about our recipe for ensuring your non-competition agreements are UN-enforceable.
Many organizations received a notice in early December reminding them to file their Accessibility Report, required under the AODA, Customer Service Standard. Fail to report and you may face fines and compliance orders. Report failure and you may face fines and compliance orders.
We are pleased to announce the first of what will be a series of complimentary webinars providing a summary of HR law developments from the past quarter.
Employers should quickly take advantage of recent developments in the Federal Skilled Trades Program. A limited number of applications will be accepted each year.
A recent decision of the Ontario Labour Relations Board, Sabbah v. University of Ottawa, demonstrates how mistakes in presenting new employment contracts to current employees can inadvertently trigger a constructive dismissal.
Registration is now open for this practical, five-part webinar series.
Ontario's Superior Court of Justice has refused a motion to summarily dismiss an action as barred by the Workplace Safety and Insurance Act.
In a decision that will surely draw attention across the country, the Alberta Human Rights Tribunal has awarded an employee 5 years of back pay, $15,000 in general damages and reinstatement as result of a finding of age discrimination.
Ryan Conlin and Jeremy Schwartz of our firm have successfully appealed the WSIB’s refusal to retroactively refund nearly $100,000 in surcharges.
Ontario's Court of Appeal has overturned the Blue Mountain accident reporting decision.
A recent decision of the Human Rights Tribunal of Ontario (the “Tribunal”), Hussey v. Big Brothers Big Sisters of Peterborough Incorporated (“BBBS”), is a reminder of the importance of ensuring that any pre-employment screening is complete before an employee starts work. Although the employer in this case was ultimately cleared of any human rights violations, it cannot recover the significant time and expense invested to defend the application.
A recent decision by the Ontario Labour Relations Board has just made these considerations more treacherous and the process of costing innovative construction projects more difficult.
Please join us at First Reference's 13th Annual Ontario Employment Law Conference.
Most of us are well aware that at about 4 a.m. this morning, the Ontario Labour Relations Board (OLRB) ruled that the Elementary Teachers Federation of Ontario’s planned, so called, political day of protest would constitute an illegal strike.
A well-drafted contract protects not only the company but also its employees and senior personnel. In a recent decision, Richards v. Media Experts M.H.S. Inc., the Ontario Court of Appeal held that a terminated employee could not sue her boss personally for intentional infliction of nervous shock following the termination of her employment.
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