Ryan Conlin and Jeremy Schwartz discuss a landmark WSIAT decision which held sections of the Workplace Safety and Insurance Act unconstitutional, the potential fallout and strategies for managing workplace stress claims (and possibly certain wrongful dismissal claims) going forward.
Jeremy D. Schwartz / About Author
Related Posts
British Columbia Court of Appeal Overturns Lower Court Decision on Profit Sharing Plan
Employers that decide to implement a profit sharing plan for employees should make sure that the terms of the plan…
14 Feb 2014
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,…
11 Jul 2018
Adjudicator Upholds Termination for Breach of Employer’s Technology Policy
As technology becomes more ubiquitous in the workplace, the importance of having proper policies and discipline to govern the use…
07 May 2015
The New Normal The Legal Landscape for Wrongful Dismissal Cases in a Post COVID World
COVID-19 has caused unprecedented disruption in the economies all over the world. Employers who have had to lay off or…
26 Feb 2021
Human Rights Tribunal Discourages Unnecessary Naming of Personal Respondents in Applications
In Sterling v Wendy’s Restaurant, the applicants (a former Wendy’s employee and his wife), named 14 personal respondents, who were members…
07 Sep 2011
Does a COVID Leave Trigger Constructive Dismissal? Even Courts are Coming to Opposite Conclusions
By Jeremy Schwartz and Haadi Malik In April, the Ontario Superior Court of Justice ruled in Coutinho v Ocular Health Centre…
10 Jun 2021
Dial “D” for Dismissal: Employee Fired after “Pocket-Dial”
Most people have received (or sent) a “pocket-dial”, which is an unintentional cell phone call that is made by a…
15 Oct 2015
Court Strikes Down Termination Provision that Provides For Salary During Notice Period
Increasingly, the courts are striking down termination provisions in employment contracts resulting in lengthy common law notice awards to employees. …
22 May 2015
When Can a Terminated Employee Reject an Offer of Re-Employment?
By: Landon Young and Jessica Young Does a terminated employee have a duty to accept an offer of re-employment after termination? This issue…
25 Sep 2015
2014 Q4 StringerLLP HR Law Webinar, Segment 2: Bill 18
Ryan Conlin summarizes and comments upon the significant amendments Bill 18 has effected to Ontario’s Employment Standards Act, Workplace Safety…
21 Jan 2015
Stress Claim Tsunami? Tribunal Declares Stress Provisions of Workplace Safety and Insurance Act Unconstitutional
By: Ryan Conlin & Jeremy Schwartz In one of the most significant decisions in recent memory, the Workplace Safety and…
13 May 2014
Accommodating scent sensitivities in the workplace
Employers must accommodate employees with disabilities to the point of undue hardship under the Ontario Human Rights Code. The accommodation of…
15 Oct 2012
Significant Changes to the Human Rights Tribunal’s Rules – Kelly McDermott and Jeremy Schwartz
Significant Changes to the Human Rights Tribunal’s Rules – Kelly McDermott and Jeremy Schwartz
15 Jul 2010
2014 Q3 StringerLLP HR Law Webinar, Segment 2: Landmark Employment Contract Decision
Jeff Murray discusses a recent landmark contract decision from the Supreme Court of Canada
14 Oct 2014
2015 Q1 StringerLLP HR Law Webinar, Segment 2: Retirement and Terminations
Jessica Young explains the inherent risks associated with “encouraging” employees to retire.
21 Apr 2015