January 23, 2020 The ongoing conflict between the Ontario Government and the union representing Ontario elementary school teachers has resulted in rotating strikes, leaving parents uncertain about how they will meet their childcare responsibilities. The current circumstances raise the question: what is an employer’s obligation to employees whose children cannot attend school due to a […]
January 9, 2020 In its last decision of 2019, the Supreme Court of Canada considered the scope of an employer’s obligation to inspect its workplace in Canada Post Corp. v. Canadian Union of Postal Workers. In 2012, the Union filed a complaint with HRSDC claiming that Canada Post was in breach of the Canada Labour […]
December 19, 2019 A recent decision highlights the risks associated with assuming an employee has resigned when they refuse to return to work. In Nagpal v IBM Canada Ltd., Vinay Nagpal, an employee with over 23 years of service, went on a stress related medical leave in 2013. The Company referred Nagpal to Manulife, the […]
December 5, 2019 The Ontario Human Rights Tribunal (“Tribunal”) has made the highest monetary award to date in the monumental 2018 decision of A.B. v. Joe Singer Shoes Limited. The Tribunal awarded the employee (the store owner) $200,000.00 for the twenty (20) years of pain and suffering she experienced by her employer (and landlord), Mr. […]
November 21, 2019 Effective January 1, 2020, the monetary claims limit for Small Claims Court in Ontario will increase from $25,000.00 to $35,000.00 (excluding interest and legal costs). Of note, the previous limit has been in place since 2010 when the limit was increased from $10,000.00. Small Claims Court is a branch of the Superior […]
November 7, 2019 This year Remembrance Day, November 11, falls on a regular working day for most employees. While many view Remembrance Day as a day honoured across the country, uncertainty often exists regarding which jurisdictions specify Remembrance Day as a statutory holiday and which do not. In fact, all jurisdictions in Canada (including the […]
October 24, 2019 A recent case decided by the Supreme Court of British Columbia provides a useful example of how not to handle a termination for cause. In Acumen Law Corporation v Ojanen, Melissa Ojanen – an articling student at a criminal law firm – was terminated for cause. The firm alleged that Ms. Ojanen […]
October 10, 2019 Election day is quickly approaching! With the Federal election scheduled for October 21, 2019, employees of your organization may be entitled to paid time off to vote. The Canada Elections Act (the “Act”) provides that every employee who is an elector is entitled to three consecutive hours off from work to vote. […]
September 26, 2019 A recent Ontario decision serves as a good reminder to employers to be weary of entering into oral employment agreements. In Mineault v. E.S. Fox Limited, the employee was hired in September 2014 from a union hiring hall as a General Foreman for a specific project. Of note, the position was outside […]
September 12, 2019 A very recent decision from the British Columbia Superior Court reaffirms that short service employees will be awarded disproportionate reasonable notice awards if the circumstances fit. Mr. Greenless worked for Starline Windows Ltd. for 6 months before being terminated and was awarded 6 months reasonable notice. Here is what led to Mr. […]