Jeff Mitchell

Jeff Mitchell


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Latest Publications


“You quit!” “No I Didn’t, I’m Sick!”

In Betts v. IBM Canada Ltd., the Court was faced with a dispute between Mr. Betts, who claimed he was legitimately absent from his employment due to illness, and his employer IBM, which claimed that Mr. Betts effectively...more

8/28/2015 - Appeals Disability Disability Leave Hiring & Firing IBM Social Anxiety Disorder Wrongful Termination

On the Radar Screen: the Stronger Workplaces for a Stronger Economy Act, 2014

As we reported in a previous blog post that can be found here, the Stronger Workplaces for a Stronger Economy Act, 2014 makes some significant changes to several Ontario statutes.  The legislation received Royal Assent on...more

2/2/2015 - Canada Employer Mandates Joint Employers Minimum Wage New Legislation OHSA Wage and Hour

School Board Taught a Costly Lesson: Court Upholds Reinstatement with 10 Years of Back Pay

Ms. Fair was employed by the Hamilton-Wentworth District School Board (the “Board”) from 1988 to 2004, when her employment was terminated. During her employment, Ms. Fair had developed a psychiatric disorder, namely,...more

10/7/2014 - Back Pay Board of Education Hiring & Firing Public Schools Reinstatement School Districts Termination

Yet Another Reminder on the Importance of Careful Drafting of Termination Clauses…

As if employers needed one, we now have yet another decision invalidating a termination provision for failure to comply with the Employment Standards Act, 2000 (the “ESA”): Miller v. A.B.M. Canada Inc., 2014 ONSC 4062...more

7/16/2014 - Canada Contract Drafting Employer Liability Issues Employment Contract Employment Standards Act Hiring & Firing Termination

Beware The Unpaid Intern – He/She May Be Eligible For Pay

The issue of unpaid internships is becoming a growing concern for both employers and Ministry of Labour Inspectors. Recently, the publisher of magazines Toronto Life and The Walrus announced that they were pulling the plug on...more

4/9/2014 - Canada Employee Rights Internships Unpaid Interns

(Not) April Fools Day – Changes To The Canada Labour Federal Code Effective April 1, 2014

For those federally regulated employers that are governed by the Canada Labour Federal Code (the “Federal Code”), there are some substantive changes coming of which you should take note....more

4/1/2014 - Canada Employee Rights Termination Wage and Hour Wages

Don’t Be “Convicted” Of Discriminating Based On Criminal Convictions

Picture it: you have the perfect person to hire. You run the background check, and discover a criminal conviction. You are inclined to withdraw the offer, but suddenly you are faced with the question: can I do it? ...more

1/28/2014 - Background Checks Criminal Background Checks Discrimination Hiring & Firing

Fall Employment And Labour Law Update Seminar

In This Presentation: - AODA update: What employers should know about the Accessibility for Ontarians with Disabilities Act, 2005: ..Goal of AODA ..General accessibility standards ..Multi-year...more

10/18/2013 - Absenteeism Accessibility Rules Canada Disability Discrimination Discrimination Non-Compete Agreements Non-Solicitation Agreements Reasonable Accommodation Restrictive Covenants Training

Internal Reorganizations And Constructive Dismissal: Minimizing Risk

While not making new law, the recent Divisional Court decision in Ghanny v. 498326 Ontario Limited 2013 ONSC 4057 provides a useful reminder of the steps an employer should take to minimize the risk of constructive dismissal...more

9/13/2013 - Canada Constructive Discharge Employee Rights Employer Liability Issues Reorganizations

Who Needs “Reservations”? Court Rules On Employer’s Ability To Reduce Retiree Benefits

In an era where finding efficiencies and cost-cutting are often important tools for business, a question faced by business is how and whether benefits in place for current employees and retirees can be changed....more

8/13/2013 - Canada Employee Benefits General Motors Reservation of Rights Retirement Plan

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