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Apr 12, 2018

Does the Release signed by your former employee cover claims of sexual harassment arising during employment? Likely not says Ontario Superior Court of Justice!

In light of powerful movements such as #metoo and #timesup, workplace sexual harassment is a top concern for all employers. In a recent decision, t...

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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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Mar 29, 2018

By Kelsey Orth

Equal Pay for Equal Work: It’s No April Fool’s Joke and Could Cost You If You Aren’t Ready

As we all know, the majority of the sweeping legislative changes to the Employment Standards Act, 2000 (“ESA”) and to the Labour Relati...

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Mar 22, 2018

Court rejects employee’s obligation to accept new employment with strings attached, awards 26 months’ notice

In a recent decision of the Ontario Superior Court of Justice, two plaintiffs were each awarded wrongful dismissal damages in the amount of 26 mont...

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Mar 15, 2018

By Angela Wiggins

What Then? What Now? What Next? Employers face further Obligations under Proposed Pay Transparency Legislation

It’s 2018 and employers are no longer strangers to sweeping changes to labour and employment law in Ontario.  Despite many employers sti...

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Mar 8, 2018

By Mike MacLellan

Dave’s Not Here Man…His Termination for Smoking Dope at Work was Upheld

On August 1, 2018 (maybe) the federal government’s plan to legalize recreational marijuana will come into effect and no doubt, employers will...

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Mar 1, 2018

By Kelsey Orth

Supreme Court of Canada Affirms that Employers have a Distinct Obligation to Consider the Duty to Accommodate Separate from Other Legislative Requirements

Last month the Supreme Court of Canada released its decision in the case of Quebec (Commission des normes, de l’équité, de la...

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Feb 22, 2018

Arbitrator Finds Losses Stemming from Mental Stress Caused by Workplace Harassment or Discrimination are Compensable Under Ontario’s Workplace Safety and Insurance Act

A recent decision of the Ontario Grievance Settlement Board (“GSB”) has provided some much needed clarity as to under what circumstance...

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Feb 15, 2018

Court of Appeal Agreed that Voluntary Resignation Cost an Employee Almost $150,000 in Outstanding Bonus

In March 2017, Susan Crawford of CCPartners successfully obtained a decision from the Ontario Court of Appeal in Kielb v. National Money Mart Compa...

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Feb 8, 2018

“Mean” Employer Behaviour leads to $750,000 Damages Award

It may not measure up to damage awards you’ll find south of the border but a recent decision from the Ontario Superior Court of Justice has s...

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Feb 2, 2018

By Karen Fields

Ontario Court of Appeal Upholds 3.5 year Jail Sentence for Project Manager

On Christmas Eve 2009, a tragic workplace accident occurred, when 5 workers employed by Metron Construction Incorporated fell 13 stories, more than...

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Feb 1, 2018

By Angela Wiggins

Non-Compete Clauses – An Often Used but Rarely Effective Tool

  The Ontario Superior Court recently reminded employers that non-compete clauses in employment contracts are usually worth less than the pape...

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Jan 25, 2018

By Susan Crawford

BC Court of Appeal Clarifies Treatment of Mitigation Earnings and Extended Notice for Health Reasons

Two primary considerations in any wrongful dismissal action is the period of reasonable notice an employee is entitled to and how to treat income e...

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Jan 18, 2018

By Mike MacLellan

It’s an Occupational Hazard: Court of Appeal Orders New Trial Because Employer who was Compliant with Regulations, was still Off-Side the OHSA

Navigating workplace law can be tricky at the best of times.  But imagine being told that just because you weren’t violating certain spe...

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Jan 11, 2018

By Susan Crawford

Ask 2 Lawyers a Question and Get 3 Opinions - Court of Appeal Creates Chaos in the Jurisprudence By Upholding Termination Provision

Over the last few years, the question of whether a termination provision in an employment contract is enforceable has received unprecedented attent...

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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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Dec 28, 2017

Employees May Bring Discrimination Complaints Against the Employees of a Different Employer, says Canada’s Highest Court

In a recent decision, Canada’s highest court reminded employers that human rights legislation is to be interpreted very broadly. So broadly, ...

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Dec 21, 2017

By Angela Wiggins

What is the Impact on Employers from the Decriminalization of Marijuana? Ontario rolls out framework with Bill 174

The Federal government’s legislation has been the centerpiece of the decriminalization of marijuana discussions; however, each province in Ca...

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Dec 19, 2017

Bill 177 Receives Royal Assent On December 14, 2017 with Immediate Impacts to Employer Obligations Under The OHSA And WSIA

Bill 177- Stronger, Fairer Ontario Act made significant amendments to the Occupational Health and Safety Act (“OHSA”) and to the Workpl...

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Dec 14, 2017

To the surprise of NO ONE, using Vulgarity against a Co-worker even one time, was one time too many

A recent decision by Alberta’s Court of Queen’s Bench has provided support for employers who act swiftly in terminating an employee who...

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