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Oct 31, 2019

By Cristina Tomaino

Ontario Court of Appeal Clarifies Dependent Contractor Status

As our regular readers are likely well aware, the mischaracterization of workers has become a growing issue of concern for Canadian employers. The ...

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Sep 5, 2019

By Cristina Tomaino

Canada Labour Code Amendments in Force September 1st

The Canada Labour Code is the employment and labour legislation that applies to federal works, undertakings, and businesses. While m...

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Aug 15, 2019

By Cristina Tomaino

EI Officer’s Ruling Prevents Misconduct Allegations in Unjust Dismissal Hearing

As many employers are aware, it can be an uphill battle to uphold a dismissal for just cause. A recent ruling under the Canada Labour Code (the &ld...

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May 30, 2019

By Cristina Tomaino

Getting Off? Get Out! Arbitrator Upholds Just Cause Termination for Masturbating at Work

As our regular readers are likely well aware, unionized employers are held to a high threshold when asserting just cause termination. A recent deci...

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Apr 18, 2019

By Cristina Tomaino

Employer’s Decision to Refuse Employment to Medicinal Marijuana User Upheld on Judicial Review

Canadian employers are increasingly required to balance their duty to maintain a safe working environment with the duty to accommodate the use of m...

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Mar 21, 2019

By Cristina Tomaino

Court of Appeal Rules No Freestanding Tort of Harassment in Ontario

Back in 2017, we blogged about Merrifield v. the Attorney General (“Merrifield”), a decision where the Superior Court of Justice recogn...

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Feb 14, 2019

By Cristina Tomaino

Ontario Labour Relations Board Confirms Threshold for Severance Pay Limited to Ontario Payroll

As many of our regular readers likely know, section 64 the Employment Standards Act, 2000 (“ESA”) provides that employees with five (5)...

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Dec 6, 2018

By Cristina Tomaino

Frustration is not Just Cause for Termination under the Canada Labour Code

As you may know, federal employers require just cause to terminate non-union and non-management employees. Recently in Lewis v Whiteline Trucking L...

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Nov 1, 2018

By Cristina Tomaino

Bill 148 and Bill 47: Understanding the Changing Landscape of Labour and Employment Law in Ontario

In our blog immediately following the Ford government’s announcement of the Making Ontario Open for Business Act we outlined the notable prop...

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Sep 27, 2018

By Cristina Tomaino

Be Careful What You Wish For: Ontario Court Holds that an Employee Cannot Rescind a Clear and Voluntary Notice of Resignation

In English v Manulife Financial Corporation, the Ontario Superior Court of Justice considered whether an employee who has voluntarily resigned may ...

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Aug 30, 2018

By Cristina Tomaino

Dismissed Employee Failed to Mitigate Damages by Choosing Retraining Over Re-Employment

In the recent case of Benjamin v. Cascades Canada ULC, the Ontario Superior Court of Justice held that an employee had failed to reasonably mitigat...

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Aug 2, 2018

By Cristina Tomaino

Tribunal Cautions Employers Against “Citizenship” Discrimination in Hiring

A recent interim decision from the Human Rights Tribunal of Ontario (the “Tribunal”) is an important caution for employers who distingu...

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Jul 19, 2018

By Cristina Tomaino

“I shouldn’t be telling you this, but…” – BC Judge Finds that Breaches of Confidentiality can Give Rise to Just Cause Dismissal

In a recent decision, the British Colombia Supreme Court upheld the dismissal of a long-service employee following a series of confidentiality brea...

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