Court of Appeal upholds decision granting employee notice period based on employment with predecessors

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

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.

employment law

Adjudicator Upholds Termination for Breach of Employer’s Technology Policy

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.

employment law,  privacy

The Supreme Court Weighs In on Suspensions and Constructive Dismissals

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

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

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

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

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.

human rights

Proposed Changes to the AODA Customer Service Standard

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

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.

employment standards

Early Bird Registration Now Open: 16th Annual Employment Law Conference

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

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

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

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

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