Jessica Young explains the inherent risks associated with “encouraging” employees to retire.
Jeremy D. Schwartz / About Author
Related Posts
Is the Sky Falling? Family Status Discrimination and Shift Shopping (Demo)
By: Ryan Conlin & Frank Portman In most jurisdictions in Canada, human rights legislation prohibits discrimination on the basis of…
07 Mar 2014
It’s Party Time: Planning a Safe and Liability Free Office Holiday Party (Demo)
As we roll into December, many employers will be hosting an office holiday party for their employees. While these events…
29 Nov 2011
Back to Basics: HRTO Follows Figliola and Refuses to Allow Relitigation of WSIB Claim (Demo)
In 2011, the Supreme Court of Canada released its decision in British Columbia (Workers’ Compensation Board) v Figliola (“Figliola”). The Figliola decision addressed the…
05 Dec 2014
Going Global: Ontario Superior Court Grants Severance Pay Based on Non-Ontario Payroll
By: Jeremy Schwartz and Frank Portman A recent French language decision from the Ontario Superior Court of Justice indicates that…
08 Aug 2014
Stress Claim Tsunami: New Approach to WSIB Stress Claims (Demo)
Ryan Conlin and Jeremy Schwartz discuss a landmark WSIAT decision which held sections of the Workplace Safety and Insurance Act…
29 May 2014
Court of Appeal Rules on Employers’ Obligations to Protect Employees from Harassment and Violence when they are Away from the Workplace
In a recent decision, the Ontario Court of Appeal upheld a lower court’s ruling that a citizen’s harassing behaviour toward…
19 Sep 2017
WSIB RETURN TO WORK DECISIONS: ARE THEY BINDING ON THE HUMAN RIGHTS TRIBUNAL?
The Boyce decision establishes that at least in some instances injured workers are free to attempt to concurrently pursue Human…
14 Sep 2010
Court Rules no Class Action for Constructive Dismissal
The Ontario Superior Court of Justice has refused to permit a group of former Allstate Insurance employees to sue Allstate…
29 Apr 2011
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
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
Workers can Simultaneously Receive WSIB LOE Benefits and ESA Termination Pay
A recent WSIAT decision considered the question of the impact of payments received by a worker receiving loss of earnings benefits upon…
24 Apr 2014
Ontario Court Continues Trend of Large Punitive Damages Awards (Demo)
By: Frank Portman Since 2008, Courts have wrestled with wrongful dismissal claims in which employees make claims of entitlements…
20 Nov 2015
Addiction without compulsion: no defence to serious misconduct using the “hybrid” approach
The law on addiction has evolved over the years in arbitral jurisprudence. Earlier decisions treated illness as a mitigating factor…
03 Mar 2017
Court Precludes Terminated Employee from Relying on Employer’s Apology (Demo)
In April of 2009, a little known law called the Apology Act (the “Act”) entered into force. A very short act, it primarily…
17 Sep 2015
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