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May 31, 2018

Court of Appeal Warns Employers: Exercising your rights under a termination clause in fixed term contract requires good faith

In a recent decision, the Ontario Court of Appeal ruled that although the Company had an unfettered right to terminate an independent contractor&rs...

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May 24, 2018

By Angela Wiggins

BREAKING NEWS: Section 25(2.1) of the Ontario Human Rights Code Unconstitutional says Tribunal! Right to Terminate Group Benefits at 65 Successfully Challenged

Are you an employer with a benefit plan that terminates for workers who are 65 and older? If yes, you should be taking note of the Human Rights Tri...

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May 24, 2018

Employer’s Decision to Refuse Employment to Medicinal Cannabis User Supported by Arbitrator

On August 1, 2018, the government’s plan to legalize recreational marijuana will come into effect and employers will be faced with questions ...

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May 17, 2018

By Kelsey Orth

#TimesUp for Employer Who Abused his Position of Authority for Almost 30 Years

While the #TimesUp movement may have started with the stars who often wear Louboutins and Manolo Blahniks, a recent HRTO decision in favour of some...

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May 10, 2018

By Angela Wiggins

Pay Transparency Legislation Gets the Green Light

Back in March we blogged on the Ontario Government’s announcement of a strategy on pay transparency called “Then Now Next: Ontario&rsqu...

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May 8, 2018

By Kelsey Orth

Breaking News: Break for Employers on Holiday Pay

Yesterday the Ontario government announced that it would undertake a review of the Public Holiday System under Part X of the Employment Standards...

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May 7, 2018

By Susan Crawford

Tribunal Shows “Zero Tolerance” to Employee Fired for Smoking Medical Marijuana on 37th Floor Swing Stage

With the impending legalization of marijuana and a rise in the number of people using medical marijuana to treat any number of ailments, employers ...

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Apr 26, 2018

By Mike MacLellan

BUS-ted! School Bus Driver in PEI was Insubordinate, and NOT Subject to Discrimination

In a welcome decision from Canada’s smallest province, a pervasive myth has been dispelled: an employee with a disability who belongs to a un...

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Apr 19, 2018

By Angela Wiggins

Privacy Matters! The Importance of Developing a Workplace Policy

Throughout Canada, privacy in the workplace is becoming increasingly important. Employers regularly face the difficult challenge of balancing their...

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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 Susan Crawford

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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