Federal Court of Appeal Rules on When Federal Employers Must Appoint a Workplace Violence Investigator


Time Published on March 22, 2016

The Canadian law on workplace violence and harassment continues to develop, particularly in relation to the duty to investigate. Employers should take note of the legislative requirements in the jurisdictions in which they operate. Recently, the Federal Court of Appeal ruled on the issue of when federal employers must appoint an impartial investigator under the Canada Labour Code.

Tag employment law,  occupational health and safety

New Protections for Children in the Entertainment Industry


Time Published on March 14, 2016

Recently, the Protecting Child Performers Act, 2015 came into force. The Act outlines protections for child performers in both the live entertainment and recorded entertainment industries.

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Tip Protection for Servers – New Changes to the ESA


Time Published on February 29, 2016

The Ontario government has passed a bill to provide protection for servers and other employees who commonly receive tips and other gratuities.

Tag employment standards,  labour law

DNF: Waiver Fails to Protect Self-Insured Employer from Injured Employee’s Court Action


Time Published on February 08, 2016

The Workplace Safety and Insurance Act regime is predicated on the categorization of employers within its scheme.  Some employers do not need to be insured at all.  If they choose not to be insured the Act gives their employees the right to bring a civil case against them for injuries suffered in the course of employment.  A recent Ontario Court of Appeal decision clarified the law surrounding the eligibility of employees to make such a claim.

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New Limits on Criminal Records Checks


Time Published on February 03, 2016

The Ontario Government has passed legislation which imposes new restrictions on criminal record checks. All employers that rely on such checks should take note.

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Probationary Panacea: Divisional Court Affirms Rights of Employers to Dismiss Probationary Employees without Reasonable Notice


Time Published on January 28, 2016

Probationary periods are often essential tools for both employers and employees to determine the viability of a new employment relationship.  In recognition of this, the Employment Standards Act provides for a three-month period in which no minimum notice is required for termination.  However, in some professions this period may not be sufficient for the parties to properly assess a new employee’s suitability for a position.

Tag employment law,  wrongful dismissal litigation

Ryan Conlin Speaks to the National Post re Metron


Time Published on January 13, 2016

Ryan Conlin comments to the National Post regarding the recent Metron sentencing decision.

Tag occupational health and safety

Judge Imposes Jail Time on Metron Construction Site Supervisor


Time Published on January 13, 2016

Those involved with occupational health and safety law have followed with interest the ongoing saga of Metron Construction. This sad story began with the collapse of a hanging swing stage at a western Toronto apartment building, resulting in the deaths of four workers and serious injuries to another. Various prosecutions under the Occupational Health and Safety Act and the Criminal Code have resulted in the imposition of over $1.5 million in fines and surcharges on the various corporations and individuals involved in the accident.

Tag occupational health and safety

Jumping to Conclusions Proves Costly for Employer


Time Published on January 08, 2016

A recent decision from the Ontario Superior Court is a reminder to employers that dismissal for just cause must be based on solid ground. Relying on vague acts of misconduct will not suffice, and policies must be properly implemented and consistently enforced.

Tag employment law,  wrongful dismissal litigation

Reduce, Reconsider, Restore: Court of Appeal Strikes Down Reduction of Notice Period Due to Economic Circumstances of Employer


Time Published on December 15, 2015

Notwithstanding the best wishes of employers, there are times when employees have to be let go for purely financial reasons. In particularly dire circumstances, these dismissals can often be an important part of cost cutting to ensure that a company remains a viable ongoing concern. However, a recent matter heard by the Ontario Court of Appeal clarified that an employer’s financial circumstances do not alter the reasonable notice to which an employee is due.

Tag employment law,  wrongful dismissal litigation

Ontario Government Ramps Up AODA Enforcement - Is Your Organization Compliant?


Time Published on November 30, 2015

The Ontario Government announced an audit blitz this fall pertaining to compliance with the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”). The blitz, which runs from October through to the end of December, is targeting large retailers with 500 or more employees.

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Turning of the Tides? Record Setting Human Rights Damage Award Overturned in British Columbia


Time Published on October 20, 2015

Over the past few years, we have seen a number of cases in Canada where human rights tribunals have awarded record setting damage awards. In many of these cases, the damages have greatly exceeded what a Court would be prepared to award in a wrongful dismissal case. A recent judicial review decision out of British Columbia, University of British Columbia v. Kelly, has set aside one such damage award.

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Dial “D” for Dismissal: Employee Fired after “Pocket-Dial”


Time Published on October 15, 2015

Most people have received (or sent) a “pocket-dial”, which is an unintentional cell phone call that is made by a phone when it is in a person’s pocket. In a recent decision from Alberta, an employee’s pocket-dial revealed that he was performing work for his own personal business on company time, leading to his dismissal for cause.

Tag employment law

New OLRB Rules Make Responding to Construction Industry Applications for Certification Even More Difficult


Time Published on September 17, 2015

A small change to the Ontario Labour Relations Board's response form may have a significant impact on employers' ability to respond accurately in an already brief response window.

Tag construction labour relations,  labour law

Court Precludes Terminated Employee from Relying on Employer’s Apology


Time Published on September 17, 2015

A recent decision from the Ontario Superior Court of Justice demonstrates the little known "Apology Act" may apply in straightforward or perhaps interesting ways in employment law.

Tag employment law,  employment litigation,  labour law