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Aug 11, 2016

By Susan Crawford

Tribunal Finds Employee Failed to Meet Onus of Demonstrating Firing was Discriminatory

  A recent Ontario Human Rights Tribunal decision confirms that not every complaint of discrimination will find a sympathetic ear at the Trib...

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Jul 28, 2016

Arbitrator Finds that Grievor’s Subjective Perception of Supervisor’s Conduct NOT Harassment

What is harassment?  Is it excluding employees from speaking at a meeting, criticizing for chewing gum and not saying good morning? Or does i...

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Jul 21, 2016

By Kelsey Orth

Ontario Court Confirms an Employer’s Right to Impose Administrative Suspension During Workplace Investigation

Since Bill 168 changes to the Occupational Health and Safety Act took effect in 2009 with respect to violence and harassment in the workplace, we h...

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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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Jul 13, 2016

What’s the Hold-Up? Supreme Court of Canada Revamps Right to Speedy Trial

The Supreme Court of Canada (“SCC”) has released a game-changing decision that overturns a line of case law more than 30 years in the m...

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Jul 7, 2016

By Angela Wiggins

The Frustration of Frustration of Contract: Discharging for Innocent Absenteeism Hits Another Roadblock

When an employee needs to access long term disability benefits (“LTD”), employers should be mindful of the various pitfalls that can ar...

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Jun 29, 2016

Court of Appeal Upholds Termination Clause without the Bells and Whistles

The Ontario Court of Appeal has written a very short but potentially impactful decision with respect to the drafting of enforceable termination pro...

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Jun 23, 2016

By Susan Crawford

Employee Reinstated with Nine Years Back Pay by Human Rights Tribunal Wins at Ontario Court of Appeal

CCPartners has previously blogged about the controversial and precedent-setting Tribunal decision in Fair v. Hamilton Wentworth District School Boa...

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Jun 16, 2016

By Mike MacLellan

Bad Workplace Investigation Leads to Potential Bad Faith Lawsuit

In 2014 the Supreme Court of Canada recognized a legal obligation to perform contracts in good faith.  Our blog on that decision: Bhasin v. Hr...

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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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