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
Appellate Court Finds that CERB is not Deductible from Wrongful Dismissal Damages (Demo)
By Jeremy Schwartz and Haadi Malik In 2020, the Federal Government introduced the Canada Emergency Response Benefit (“CERB”), which was…
28 Dec 2022
Putting on the Brakes: The Limits of the Common Employer Doctrine
One of the more deceptively complex questions in some cases can be: Who is the employer? Many businesses and organizations…
10 Jun 2016
Probationary clauses: A double-edged sword for employers
Many employers find it necessary to assess new employees’ performance on the job before making a final determination about whether…
17 Feb 2017
When can a resigning employee join a competitor? (Demo)
A recent decision out of the Ontario Superior Court of Justice confirms that employees cannot give, contractually agreed, notice of…
28 Apr 2014
37th Annual Employers’ Conference
Date: November 27, 2023 As employers weather the storm of post-pandemic economic sluggishness, rising interest rates and an emboldened workforce,…
01 Dec 2023
Superior Court Applies the “Johnstone Test” for Family Status Discrimination in Wrongful Dismissal Action
By: Jeremy Schwartz and Frank Portman We have written before on the decision of the Federal Court of Appeal in Johnstone…
04 Feb 2015
Responding to human rights harassment complaints: Guidelines from the HRTO (Demo)
You are an employer that has just received a harassment complaint from an employee. The complaint is against a valued…
28 Mar 2013
Employers Face Possible Expansion of the Duty of Honesty and Good Faith (Demo)
By Landon Young Do employers have a general duty to act honestly and in good faith when dealing with their…
13 Jan 2021
Employer Not Required to Bridge Terminated Employee to Retirement (Demo)
By: Landon Young and Jessica Young Non-unionized employees are entitled to “reasonable notice” of termination under the common law, or…
20 Apr 2015
Has BC Court opened the door to more court claims of harassment? (Demo)
Since the early 1980s, plaintiffs have been precluded from bringing court actions solely predicated on suffering discrimination or harassment under…
09 Apr 2019
The Human Rights Tribunal Says No to Forum Shopping (Demo)
It has been a year since the Supreme Court of Canada’s decision in British Columbia (Workers’ Compensation Board) v. Figliola (“Figliola”). In…
08 Nov 2012
2014 Q2 StringerLLP HR Law Webinar, Segment 2: WSIAT Stress Leave Decision (Demo)
Frank Portman discusses a recent, watershed decision by Ontario’s Workplace Safety and Insurance Appeals Tribunal concerning the constitutionality of restrictions…
23 Jul 2014
Employer Hit Hard for Discontinuing Disability Benefits Shortly After Termination – Landon Young (Demo)
Employer Hit Hard for Discontinuing Disability Benefits Shortly After Termination – Landon Young
17 Oct 2011
Director sentenced to jail time for failure to pay wages under the ESA
In a recent decision, the Ontario Court of Justice sentenced the director of six Ontario companies, Steven Blondin, to 90…
19 Nov 2012
You Have and ESA Inspector at the Door!
Don’t miss our comprehensive, half-day training seminar at the Sheraton Toronto Airport on Thursday, September 22.
29 Jul 2011