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

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,  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

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

New Year’s Hangover: The Curious Case of the 27 Paycheque Year

Published on January 07, 2015

2015 brings with it a payroll oddity that only arises once every 13 years: 27 bi-weekly payroll periods.

employment law,  employment standards

Class Action Employment Lawsuit Filed Against Canadian Hockey League

Published on October 20, 2014

A freshly filed class action lawsuit combines two current trends in employment litigation: a crackdown on unpaid positions and enforcement by class action.

class actions,  employment law,  employment standards,  labour law

Internship Enforcement Update

Published on October 08, 2014

 In the second quarter of 2014, the Ministry of Labour conducted an enforcement “blitz,” targeting companies in several sectors with intern programs to determine if those programs were being operated in a manner consistent with the Employment Standards Act. Out of 56 businesses in the GTA inspected during the blitz, 37 compliance orders were issued.

employment law,  employment standards

If it Looks Like Theft and Quacks Like Theft…the Employer may Still pay

Published on September 09, 2014

While employee theft is frequently grounds for termination, shades of grey do appear in the case law. In a recent case, the Ontario Superior Court enforced a settlement agreement in a wrongful dismissal action even though an employee had not told her employer of a loan she had taken from a social committee without permission.

employment law,  wrongful dismissal litigation

Bank of Nova Scotia Overtime Class-Action Settles Out of Court

Published on August 27, 2014

The recent settlement of this overtime class action lawsuit, and the complexity and scope of retroactive liability, highlights the folly in the head in the sand approach.

class actions,  employment law,  employment standards

What’s cause got to do with it?

Published on July 08, 2014

Employers: Feel reassured, outrageous misconduct is still cause for summary dismissal.

employment law,  wrongful dismissal litigation

When is an Owner an Employee?

Published on June 24, 2014

When is an owner also an “employee”?  The Supreme Court of Canada recently rendered a decision on the question of whether a partner at a law firm could be an employee under human rights legislation.  The answer, perhaps not a surprise, is ‘it depends’…

employment law,  human rights

What is the next step in AODA compliance?

Published on May 26, 2014

The AODA Employment Standard deadlines are not as far away as they may seem.

aoda,  employment law,  employment standards,  human rights

Are Your Employment Contracts Enforceable?

Published on May 26, 2014

A recent Ontario court decision has prompted many employers to revisit the language in their employment contract termination provisions. 

employment law

Keeping the Offer on the Table Essential to Mitigation Defence

Published on May 26, 2014

This recent appellate decision serves to remind employers that employees cannot mitigate by accepting an offer that is not technically still on the table.

employment law,  wrongful dismissal litigation