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Apr 5, 2018

Ontario Divisional Court Confirms Employer Cannot Provide Working Notice of Termination to Employee on Disability Leave

One question we often get from employers is whether they can provide working notice of termination to an employee who is on an approved leave. More...

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Jan 4, 2018

2017 In Review: A Look Back At The Top Cases And Key Legislative Changes That Impacted Your Workplace

With major legislative amendments made to the Employment Standards Act, Labour Relations Act, Occupational Health and Safety Act, Workplace Safety ...

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Nov 2, 2017

By Angela Wiggins

Secret Recordings Condemned By Court in Wrongful Dismissal Case

Employment lawyers always stress the importance of documentation in employee matters. With the increasing use of technology both employers and empl...

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Sep 21, 2017

Employers - Be Cautious When Dismissing Employees Where Ulterior Motives Involving Union Politics May Taint a Harassment Complaint

In a recent decision, Arbitrator Slotnick commended the employer for taking a hard line against sexual harassment but also criticized the employer ...

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Aug 30, 2017

By Susan Crawford

Ontario’s Highest Court Upholds Just Cause Dismissal for Long Service Employee

It is fair to say that dismissals for “cause” (where no notice obligations are required by the employer as a result of the employee&rsq...

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Aug 17, 2017

By Kelsey Orth

BYE-BYE BIRD[IE]? NOT SO FAST, SAYS FEDERAL COURT: Dismissal of Principal may still be unjust despite Adjudicator’s findings of misconduct

You may recall a recent article by Angela Wiggins regarding the remedy of reinstatement for federal employees under the unjust dismissal provision ...

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Jun 29, 2017

By Angela Wiggins

Gone and Back Again: A Remedy of Reinstatement for Federal Employees

Federal employers should be aware of the risks in terminating employees under the Canada Labour Code. Unlike employers governed by provincial legis...

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Apr 20, 2017

By Kelsey Orth

Harassment Will (literally) Cost You: Superior Court Decision Affirms Separate Tort of Harassment

In Ontario, the introduction of “Bill 168” – or, more accurately, its subsequent coming into force – ushered in a new era i...

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Apr 13, 2017

Timing Is Everything: Court Strikes Wrongful Dismissal Action for Delay – Action Brought Only Nine Months after Employee’s Last Day

Pursuant to Ontario’s Limitations Act, the limitation period, or time limit, for bringing a wrongful dismissal action in Ontario is two years...

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Apr 6, 2017

By Angela Wiggins

It’s so Hard to Say Goodbye - Employers should be Cautious if Terminating a Probationary Employee

Many employers use a probationary period with new employees to assess whether or not a new hire is a good fit for their organization. When an emplo...

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Feb 16, 2017

To Assert Cause or to Not Assert Cause, Will Damages Flow?

Two recent Ontario decisions delved into the murky waters of when punitive or aggravated damages should be awarded in cases of wrongful dismissal. ...

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Feb 2, 2017

By Mike MacLellan

Unsafe Electrician Shocked when Court of Appeal Upheld his “For Cause” Termination

The Ontario Court of Appeal has thankfully upheld the termination for just cause of one Jerzy Wasinski, in a decision that should encourage employe...

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Nov 17, 2016

By Angela Wiggins

Summary Judgment Motions: Navigating their Increased Use in Wrongful Dismissal Claims

Recently, employers responding to wrongful dismissal litigation may have noticed a trend of plaintiffs seeking to resolve matters quickly by bringi...

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Oct 13, 2016

Terminating Older Employees: The Cost has Never Been Higher

By now we all know that for the most part there is no mandatory retirement age in Ontario. For a variety of reasons, including shortfalls in retire...

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Sep 15, 2016

Court Ruling Leaves Employers' Bonus Policies Less Effective

By now we all know that Ontario employers are normally required to provide employees with reasonable notice of termination or pay in lieu there...

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Jul 14, 2016

By Angela Wiggins

HOT OFF THE PRESS! Supreme Court of Canada restores requirement for just cause dismissal under the Canada Labour Code

The Supreme Court of Canada (“SCC”) has released its decision on Atomic Energy of Canada Ltd v Wilson. We first told you about this cas...

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Apr 1, 2016

“I quit!” – “not yet, you don’t.” Employer Awarded $35,000 for Wrongful Resignation

By now, we all know what a wrongful termination is in the employment context. But how many have heard of a wrongful resignation? The Superior Court...

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Mar 17, 2016

By Rob Boswell

Termination for Terminally Ill Employee: Frustration of Contract Prior to Death

An employee is diagnosed with a terminal illness.  He leaves work in May due to his illness, his employer sells its business in early Septembe...

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