Now that the schools in Ontario are closed post March Break for two weeks and the likelihood other provinces will adopt a similar approach, employers need to be prepared for innumerable requests from parents to work remotely, reduce working hours, or miss work altogether to permit them to undertake their parenting obligations. Apart from the […]
February 27, 2020 Federally regulated employees (non-managers) who have completed 12 months of service and are terminated in the absence of just cause, may be eligible to file an unjust dismissal complaint under section 240 of the Canada Labour Code (“CLC”). In the event the appointed adjudicator finds the dismissal to be unjust, the adjudicator […]
A recent decision from Manitoba’s Human Rights Commission serves as a reminder to employers of the importance of conducting an investigation into an allegation of workplace harassment in a timely manner and ensuring the investigation is conducted properly. In T.M. v. Manitoba (Justice), the employee alleged that he was consistently and repeatedly subjected to vulgar […]
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 […]