Category Archives: e2r Alerts

Employer Obligations and the Right to Vote

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. […]

Beware of the Dreaded Oral Agreement!

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 […]

Six Months’ Service = Six Months’ Severance

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. […]

Contractors: Dependent or Independent

August 29, 2019 The Ontario Court of Appeal recently provided some much-needed guidance on how to identify a dependent contractor in Thurston v. Ontario (Children’s Lawyer) (“Thurston”). A dependent contractor is a third category of worker that falls between an employee and an independent contractor. Like an independent contractor, a dependent contractor is not entitled […]

When an Employee Changes Their Mind

August 15, 2019 The Ontario Court of Appeal recently overturned a 2018 judgment and allowed an employee to revoke what had been a clear resignation based on a change in circumstances. In English v Manulife Financial Corporation, Ms. English (64 years old) was an employee of Manulife Financial Corporation for 9 years. The company announced its […]

Beware of the fixed-term contract! $1.3 million awarded to Former Employee

August 1, 2019 The Ontario Superior Court of Justice recently awarded a whopping $1.3 million to a former general manager of a funeral home in North Bay, Ontario. In, McGuinty v. 1845035 Ontario Inc. (McGuinty Funeral Home), the employee was a third-generation owner of a funeral home in North Bay, Ontario. The employee sold the […]

A Slap (or Three) in the Face – Ignore a Harassment Claim and Pay the Price!!

July 18, 2019 In Bassanese v German Canadian News Company Limited et al, an employer learned the hard way that ignoring a complaint of workplace harassment can result in serious financial consequences. The employee in this case was a 74-year-old clerk with 19 years of service. She was repeatedly verbally harassed by a male co-worker, […]

Is “Ethical Veganism” Considered a Prohibited Ground of Discrimination?

July 4, 2019 In 2017, Adam Knauff, an Ontario firefighter, was working for his employer – Ontario’s Ministry of Natural Resources and Forestry in British Columbia – fighting forest fires. Mr. Knauff is a self-described “ethical vegan” and has filed a complaint with the Human Rights Tribunal of Ontario claiming that his employer did not […]

Bills C-63 and C-86 to come into force September 1, 2019

June 20, 2019 Federal employers finally have an in-force date for previously proposed legislation as the federal government recently confirmed the changes to the Canada Labour Code will come into force on September 1, 2019. You may recall, these changes were proposed as part of the Budget Implementation Act, 2017, No. 2 (Bill C-63) and […]

Legislative Changes for Alberta

June 6, 2019 The Alberta government has proposed Bill 2: An Act to Make Alberta Open for Business (“Bill 2”). If passed, Bill 2 will repeal or revise some of the workplace amendments implemented by the former NDP government in 2017 under Bill 17: Fair and Family Friendly Workplaces Act (“Bill 17”). Bill 2 intends […]

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