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Jun 9, 2016

“Workplace Capital Punishment” Remains a Prima Facie Appropriate Penalty for Employee Theft

Trust is fundamental to any employment relationship. The decision in Messier-Dowty Inc v. International Association of Machinists and Aerospace W...

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Jun 2, 2016

By Kelsey Orth

A Little C-4 to Blow it All Up! New Federal Legislation Aims to Repeal Recent Employer-Friendly Improvements to Canada Labour Code

Introduced by the new federal government mere months after its election, Bill C-4, aims to return the advantages conferred on unions under the form...

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May 26, 2016

Human Rights Panel Allows Employee to Take Entire Summer off Work to Care for Child with Disability

In a recent human rights decision, the Northwest Territories Human Rights Adjudication Panel (the “Panel”) pushed the boundary of what ...

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May 19, 2016

By Angela Wiggins

Control or No Control? That is the question for Federal Employers and Health and Safety Inspections

Federal Employers should be aware that the Federal Court has limited the scope of what constitutes a “workplace” for the purpose of he...

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May 12, 2016

Employee Not Constructively Dismissed, Employer Ordered to Pay Damages

In many instances employers will litigate against the assumption of a power imbalance, an employee viewed as the party in need of protection. This ...

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May 5, 2016

By Angela Wiggins

Proceed with Caution! Decision recognizing miscarriage as a disability provides guidance to employers on disability claims

Disability has long been a protected ground under the Ontario Human Rights Code, which requires employers to accommodate employees with a disabilit...

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Apr 28, 2016

By Mike MacLellan

Coming Back to Bite You in the Butt: Wrongful Dismissal Claim Thrown Out Where Butt-Dials Revealed Employee Working for Personal Business on Company Time

It is an unwritten and implied term of every employment contract that an employee owes a duty of fidelity and loyalty to their employer.  Thi...

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Apr 21, 2016

By Susan Crawford

Close Only Counts in Horseshoes: Court Confirms Termination Clause that “Potentially” Violates ESA Not Enforceable

At CCP, we are big believers in the value of a well-written employment agreement to reduce liability at the point of a dismissal on a non-cause bas...

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Apr 14, 2016

Employer Ordered to Pay 37 Months’ Salary for Breach of Employment Agreement

The Ontario Court of Appeal released a decision last week that serves as a stark reminder to employers of just how critical a properly worded emplo...

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Apr 7, 2016

By Angela Wiggins

Finding the Right Fit: Employer Successfully Relied on Probationary Period in Employment Contract to Terminate with 1 Weeks’ Notice

A clear written employment contract can be an invaluable tool for employers looking to ensure that their permanent employees are a good fit within ...

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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 29, 2016

By Kelsey Orth

Check Please! New Standardized Rules for Police Record Checks Across Ontario

For many employers, police record checks are part of the application process for new employees.  For those employers asking for a Criminal Rec...

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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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Mar 10, 2016

By Mike MacLellan

In the Spirit of Partnership: Human Rights Tribunal Extends Protection to Law Firm’s Equity Partner

The Supreme Court of Canada already decided that an equity partner of a law firm in British Columbia was not entitled to protection under that pr...

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Mar 3, 2016

Cumulative Breach of Ethics Upheld as Proper Dismissal for Cause

Asserting and establishing just cause when faced with an action of wrongful dismissal is a difficult and often unsuccessful avenue for employers. E...

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Feb 25, 2016

By Angela Wiggins

A Cautionary Tale of the Extent of the Duty to Accommodate when Employees Make Bad Work Neighbours

A recent case heard by the Public Service Labour Relations Board provided a reminder to employers that the duty to accommodate is not always sati...

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Feb 22, 2016

By Rob Boswell

Presumptive WSIB Entitlement for First Responders with PTSD

On February 18th, following the leads of Alberta and Manitoba, the Government of Ontario introduced Bill 163 – Supporting Ontario’s Fir...

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Feb 18, 2016

Avoiding the Word “Severance” Doesn’t Mean You Didn’t Receive it

A recent decision from the Court of Appeal for BC has exhibited some rarely seen leniency towards employers when drafting termination agreements. T...

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Feb 11, 2016

By Susan Crawford

Is Your Organization Prepared for a Workplace Investigation? The Stakes Have Never Been Higher

There is perhaps no better time to be talking about workplace investigations as high profile cases of sexual harassment and poisoned work environme...

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Feb 5, 2016

By Kelsey Orth

When Is A Contractor Not A Contractor? The Answer Can Be Costly For Employers

In Ontario the issue of employment status is analyzed by different criteria depending on the particular legislative context: for example, there are...

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