HR Blog
Court of Appeal upholds decision granting employee notice period based on employment with predecessors
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Published on May 15, 2015 |
Court of Appeal affirms that corporate reorganizations and transactions cannot defeat employees' statutory entitlements on termination where there is a "sufficiently close relationship amongst the various companies".
employment law, employment standards, wrongful dismissal litigation
Court of Appeal Finds Progressive Discipline Not Necessary in Just Cause Dismissal
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Published on May 14, 2015 |
Just cause is a difficult standard for employers to meet. In most cases, employees who are terminated from employment will be entitled to notice or pay in lieu of notice. However, there are circumstances where the courts will find that dismissal for cause is warranted, as illustrated in a recent decision of the Ontario Court of Appeal, Agostino v Gary Bean Securities Ltd.
Adjudicator Upholds Termination for Breach of Employer’s Technology Policy
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Published on May 07, 2015 |
A recent case involving a federal government worker serves as an illustration of some of the unique issues raised by employee misuse of technology.
The Supreme Court Weighs In on Suspensions and Constructive Dismissals
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Published on April 30, 2015 |
Employers are often surprised to learn of the risks of constructive dismissal when suspending non-unionized employees. In a recent decision, Potter v. New Brunswick Legal Aid Services Commission, the Supreme Court of Canada was asked to decide whether an indefinite suspension with pay constituted a constructive dismissal.
Court Rejects Crown’s Bid to Use General Duty Clause to Impose More Stringent Health and Safety Requirements
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Published on April 21, 2015 |
While the scope of the Occupational Health and Safety Act is broad, it is not limitless. A recent decision from the Ontario Court of Justice held that where the nature of a workplace means that it is not required to implement a protective measure prescribed by the Regulations, the Crown cannot then successfully charge the employer with failing to reasonably protect a worker as a result of non-implementation of that same measure.
The Limits on the Duty to Accommodate
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Published on April 16, 2015 |
A recent case from the Human Rights Tribunal of Ontario provides guidance to employers on the extent of the duty to accommodate. In Pourasadi v Bentley Leathers Inc., the Applicant alleged that she was discriminated against on the basis of disability after her employment as a Store Manager was terminated. She argued that the employer failed to provide reasonable accommodation to the point of undue hardship.
Frank Portman to present at WSPS Conference & Trade Show: Understanding Bill 18: OHSA Protection for Young Workers and Unpaid Interns
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Published on April 15, 2015 |
Frank Portman to present at WSPS Conference & Trade Show: Understanding Bill 18: OHSA Protection for Young Workers and Unpaid Interns.
occupational health and safety
Shift-Shopping Endorsement Upheld by Alberta Court
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Published on March 31, 2015 |
The Alberta Court of Queen’s bench recently reviewed the arbitrator’s decision in SMS Equipment, a case on which we have written before (see our update on the decision here), and one of the first in the current wave of cases concerning the entitlement of employees to accommodation for child care obligations under human rights legislation.
Proposed Changes to the AODA Customer Service Standard
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Published on March 30, 2015 |
Last year, proposed changes to the Customer Service Standard under the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”), were made available for public comment. A finalized version of these proposed changes has now been released. The purpose of many of the changes is to streamline the Customer Service Standard with the Integrated Accessibility Standard (which includes the Information and Communication Standard, the Employment Standard, the Transportation Standard and the Design of Public Spaces Standard).
accessibility for ontarians with disabilities act, aoda
Turning over a new leave: ESA amendments introduce new, significant categories of leaves
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Published on March 16, 2015 |
2014 saw the introduction of three new leaves protected under the Employment Standards Act, 2000 (the “ESA”). These new leaves can result in significant absences from the workplace, which will create new human resources challenges for employers. Professionals engaged in workforce management and HR must be aware of these new obligations to employees in order to avoid accidental breaches of the ESA.
Early Bird Registration Now Open: 16th Annual Employment Law Conference
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Published on March 03, 2015 |
Early Bird registration now open for the 16th Annual Ontario Employment Law Conference in Mississauga.
employment law, human rights, labour law, occupational health and safety, workers' compensation, wrongful dismissal litigation
Allison Taylor to present OBA webinar: Pregnant Employees: The Risks of Reproduction
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Published on February 20, 2015 |
Allison Taylor will present this insightful webinar through the Ontario Bar Association on March 12.
employment law, employment standards, human rights
Federally Regulated Employees do not have Just Cause Protection
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Published on February 18, 2015 |
A recent decision of Canada’s Federal Court of Appeal has provided clarity to a decades-long debate as to whether non-unionized, federally regulated employees can be terminated without cause.
employment standards, wrongful dismissal litigation
Supreme Court Rules Right to Strike Protected by the Charter
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Published on January 30, 2015 |
The Supreme Court of Canada has ruled that the right to strike is protected under the Charter of Rights and Freedoms.
constitutional law, labour law
Termination Clauses: A Cautionary Tale
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Published on January 21, 2015 |
In cases dealing with particularly senior and specialized employees, significant notice periods may be awarded even for employees with short service. this is starkly illustrated by a recent case from the Ontario Superior Court.
employment law, general litigation, wrongful dismissal litigation

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