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Is This The Definitive Word on Termination Provisions/Consideration?

A series of Ontario cases dating back to 2012 has put into issue the question of what does, or doesn’t, make a termination provision enforceable.  After a number of recent employer-friendly decisions, the Ontario Court of...more

Double Check those Bonus Plans!

The Ontario Court of Appeal’s decision in the case of Paquette v. TeraGo Networks Inc. should have all employers running to double-check and possibly amend their bonus plans.  A further case released on the same day by the...more

The Final Word? The Ontario Court of Appeal upholds an astounding 10 years of back pay and employee reinstatement

Readers of this blog may recall reading in 2014 about the Ontario Divisional Court upholding the Ontario Human Rights Tribunal’s order for 10 years of back pay and employee reinstatement. The decision was reached in the case...more

The Duty to Provide Reasonable Notice of Termination Cuts Both Ways

It is a relatively little-known fact to non-lawyers that just as employers are required to provide employees with reasonable notice of termination, employees are likewise required to provide employers with reasonable notice...more

Miscarriage is a Disability

In a recent interim decision of the Ontario Human Rights Tribunal, adjudicator Jennifer Scott found that miscarriage could constitute a “disability”.  The door was also left open for employees terminated due to miscarriage to...more

The Final Word on Dependent Contractors

I wrote last year about the Ontario Superior Court of Justice’s decision in the case of Keenan v. Canac Kitchens (a link to same can be found here: http://www.employmentandlabour.com/?s=Canac). Last week the Ontario Court...more

Terminating for Financial Reasons? Don’t Expect the Courts to Help You Out

Employers who undertake reductions in force due to financial difficulties should not count on employee notice periods being reduced as a result of the financial troubles.  This point was recently emphasized by the Ontario...more

Ontario’s Changing Workplaces Review

In May, Ontario’s Ministry of Labour commenced what is being called the “Changing Workplaces Review”. The review is intended to take a close look at the Employment Standards Act, 2000 (“ESA”) and the Labour Relations Act,...more

Another Ontario Termination Clause Decision in Favour of Employees…

The Ontario Divisional Court recently affirmed the lower court’s decision in the case of Miller v. A.B.M., an important case with respect to the interpretation of termination provisions in employment contracts. Regular...more

Required New ESA Poster for Ontario Workplaces

The Ontario Ministry of Labour has prepared and published a new Employment Standards Act, 2000 (“ESA”) poster entitled “Employment Standards in Ontario”. The poster is version 6.0 in a long line of ESA posters and Ontario...more

A Definitive Ruling on the Issue of Without Cause Terminations under the Canada Labour Code

Federally regulated employers take note.  The Federal Court of Appeal has recently confirmed that without cause dismissals are not automatically deemed to be “unjust” under the provisions of the Canada Labour Code (the...more

The OHRC’s Christmas Present – A New Statement on Sexual Harassment in the Workplace

Ontario’s Human Rights Commission issued a statement on November 25, 2014 in relation to sexual harassment and the Ontario Human Rights Code. The statement reminds employers as to what constitutes sexual harassment as well as...more

The Dangers of Unpaid Employment in a Start-Up Company

Unpaid internships were discussed in an April 8th posting in this blog and it is clear that most Ontario interns have to be paid. But what about employees in start-up companies? Can employers provide them with stock options,...more

Compliance Reminder – New Statutory Leaves in Ontario

Employers should be aware that effective as of October 29, 2014, statutory leaves of absence in Ontario under the Employment Standards Act, 2000 (the “ESA”) will be expanded to include the new “family caregiver leave”,...more

The Ontario Human Rights Tribunal – Is There an Appetite For Costs Awards?

No client likes to have a human rights application brought against it before the Ontario Human Rights Tribunal. And no client is happy to hear that even if it is successful and fully exonerated, there is no real scope for...more

Top Ten Tips for the Workplace

Every now and then, it’s worth it for even the most seasoned HR professional to receive a reminder about best practices in the workplace. Ensuring compliance with our Top Ten Tips list below, will help to keep your workplace...more

Ontario’s New Human Rights Policy

In mid-June, the Ontario Human Rights Commission released a new policy entitled “The Policy on Preventing Discrimination Based on Mental Health Disabilities and Addictions” (the “Disability Policy”), which builds on the...more

7/9/2014  /  Canada , Human Rights

Sanity Prevails: The Tale of a 90% Reduction to a Punitive Damages Award

In the May 2014 Ontario Court of Appeal decision in the case of Boucher v. Wal-Mart, the $1,150,000 in punitive damages previously awarded to Boucher by a jury was reduced to $110,000. The decision represents a good monetary...more

Discrimination Due To Family Status – The Final Word?

In a just-released decision, the Federal Court of Appeal has confirmed that the ground of discrimination due to family status under the Canadian Human Rights Act includes parental obligations which engage a parent’s legal...more

Who’s Minding The Store?

Late last week, the office of the Privacy Commissioner of Canada announced a major breach within its own office with the loss of an unencrypted hard drive containing sensitive personal information relating to over 800 of its...more

Compliance Reminder – Accessibilty For Ontarians With Disabilities Act

The Accessibility for Ontarians with Disabilities Act (“AODA”) has been around for a while. So what’s the big deal now?...more

Human Rights Claims In The Ontario Courts – Now What?

Way back in 2008, the Ontario Human Rights Code was amended to permit human rights claims to be piggybacked onto wrongful dismissal actions in the Ontario courts. Prior to that time, the only recourse for an employee with a...more

Technology In The Workplace

I have trouble programming my television and need my teenage daughter to lend a hand. I also know that I am not alone in this world of rapidly changing technology. It is of little wonder then, that even the best HR...more

Changes May Be Coming To Ontario’s Minimum Wage

On July 17th, the Ontario Ministry of Labour announced that it has appointed a Minimum Wage Advisory Panel, chaired by Anil Verma, Professor of Human Resource Management at the University of Toronto’s Rotman School of...more

8/21/2013  /  Canada , Minimum Wage

Receipt Of Pornographic Material Was Not Just Cause For Dismissal: Appeal Court

In the 2001 case of McKinley v. B.C. Tel, the Supreme Court of Canada ruled that a contextual approach is required in order to determine whether there is just cause for termination of employment. A recent wrongful dismissal...more

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