Divisional Court provides Guidance as to What Constitutes a Prima Facie Case of Discrimination

Published on March 06, 2012

In a recent case, Peel Law Association v. Pieters, the Divisional Court overturned a decision of the Human Rights Tribunal finding that the complainants had not established a prima facie case of discrimination.

human rights

Forum Shopping a Growing Problem - Published in The Lawyers Weekly

Published on March 06, 2012

Jeremy Schwartz and Jessica Young recently published an article on forum shopping by disabled employees in the Lawyers Weekly: Labour & Employment Law Focus.

human rights

Bill 168 and Section 50 of the OHSA: Has the Labour Board Closed the Floodgates?

Published on February 29, 2012

One of the biggest questions which emerged when the Bill 168 harassment provisions became law was whether the OLRB would be inundated with “reprisal” complaints related to harassment.   Prior to the Bill 168 amendments, the OLRB had historically declined to hear harassment cases (even though a technical argument could be made that workplace harassment was covered by the “general duty clause”). 

Proposed Family Caregiver Leave goes through Second Reading

Published on February 27, 2012

Bill 30, An Act to Amend the Employment Standards Act, 2000 in respect of family caregiver leave, went through its second reading last week. If passed, the bill will introduce a new unpaid leave of absence for up to eight weeks per year for employees who need to care for a sick or injured family member.

employment law

British Columbia Court of Appeal upholds just cause dismissal

Published on February 22, 2012

A branch manager of a credit union was fired for just cause after she wrote a letter to her employer that the trial judge found to be “disrespectful and defamatory”.

The Latest on Forum Shopping: The Human Rights Tribunal is Considering Whether a WSIB Case Manager Decision is a “Proceeding”

Published on February 21, 2012

In Whitwell, the Human Rights Tribunal of Ontario will determine, for the first time since the SCC's landmark decision in Figliola, whether to defer to a decision by a WSIB Case Manager.

human rights

Employees in fiduciary relationships may be entitled to bonuses even upon breach of duties

Published on February 14, 2012

A recent decision, the Court of Appeal, Mady Development Corp. v. Rossetto, clarified an employee’s entitlement to bonuses who has breached their fiduciary duties to their employer.

employment law,  fiduciary duties,  wrongful dismissal litigation

ONCA Upholds Brito but Quashes Punitive Award

Published on February 08, 2012

Brito Update-ONCA upholds damages for disability benefits in reasonable notice period, quashes punitive damages

disability benefits,  employment law,  wrongful dismissal litigation

Invasion of Privacy in the Workplace Could Lead to Liability for Snooping Employees

Published on January 30, 2012

Recently, the Ontario Court of Appeal recognized a new tort related to privacy rights, that is, “intrusion upon seclusion”. 

Human Rights Tribunal Heeding Clear Direction from Supreme Court

Published on January 25, 2012

The Tribunal’s decisions following Figliola demonstrate that the Tribunal will not allow its processes to be used to effectively review decisions of other tribunals even if the other tribunal was not as expert on human rights issues or had a different adjudicative process. 

human rights

Taking a Hard Line on Termination Entitlements Ends Up Costing More

Published on January 09, 2012

Employers should be wary of taking unreasonable positions in an attempt to avoid paying an employee what they are likely entitled to.  This can end up being even more costly.

employment law,  wrongful dismissal litigation