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Aug 7, 2014

Ontario Human Rights Commission Release New Policy on Mental Disabilities and Addictions

On June 14th, 2014, the Ontario Human Rights Commission (“Commission”) issued a new policy entitled, Policy on preventing discriminatio...

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Jul 31, 2014

By Mike MacLellan

Employer Cannot Expedite their Employee’s Resignation Without Proper Notice

By now we all know that an employer in Ontario can terminate any employee at any time without just cause, so long as the termination is not due to ...

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Jul 17, 2014

Are Employers able to Deduct STD and LTD Benefits from Employee Common Law Notice Entitlements?

In a recent Ontario Superior Court decision, the court once again had to grapple with the question of whether an employer is entitled to deduct STD...

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Jun 26, 2014

Is the Termination Clause in your Company's Employment Agreement Enforceable?

It is common for employers to prepare written employment agreements containing termination provisions that seek to limit employee notice entitlem...

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Jun 12, 2014

Wrongful Dismissal Notice Periods – Superior Courts do not set Precedents

In the recent decision, Kotecha v. Affinia Canada ULC, the Ontario Court of Appeal provided a useful reminder that trial level decisions are not bi...

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May 22, 2014

Resignations in the Workplace – When Quitting isn’t Necessarily the End

The law with respect to determining the validity of a resignation in the workplace can seem as murky as the early summer waters of the lake at the ...

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Jan 27, 2014

Supreme Court of Canada Broadens the Scope of Summary Judgment Proceedings - Will this be a Game Changer in Wrongful Dismissal Actions

A summary judgment is a procedure used during civil litigation to promptly and expeditiously dispose of a case without a trial or the pre-trial pro...

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Jan 23, 2014

2013 IN REVIEW – A Look Back at the Cases and Legislative Changes that Impacted your Workplace

2013 saw a number of important decisions and legislative changes in the area of labour and employment law.    Over the course of the...

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Jan 16, 2014

Can an Employer Unilaterally Change its Pension Plan from a Defined Benefit Plan to a Defined Contribution Plan in the Unionized Context?

In recent years, most employers who have Defined Benefit pension plans (“DB” plans) are looking for ways to contain rising costs associ...

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Dec 12, 2013

By Kelsey Orth

Ability to Pay, Proper Comparators Key to Interest Arbitration Decision under HLDAA

Interest arbitration under the Hospital Labour Disputes Arbitration Act (“HLDAA”) is a process designed to address outstanding issues w...

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Dec 10, 2013

Proposed Bill 146 Significantly Impacts Employers

Bill 146, titled “Stronger Workplaces for a Stronger Economy Act, 2013” was introduced and carried through first reading of the Ontario...

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Dec 9, 2013

By Jayson Rider

Ask Not What You Can Do for Your Employer But What Your Employer Must Do for You!

This is the message being sent to the labour relations community by arbitrator Lyle Kanee in a very recent award (re Communications, Energy and Pap...

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Nov 21, 2013

By Susan Crawford

’Tis the Season - What Employers Need to Know Before Hosting Holiday Parties

Hosting a holiday party for your employees is a great way to thank them for their hard work throughout the year. However, holiday parties that get ...

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Oct 31, 2013

Wrongful Dismissal Leads to Human Rights Damages

For the first time, the Ontario Superior Court of Justice has awarded human rights related damages in relation to a wrongful dismissal action. The ...

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Sep 26, 2013

By Mike MacLellan

Family Caregivers Bill-21 Passes Second Reading in Ontario Legislature

On September 25, 2013, Bill-21 passed second reading in the Ontario Legislature.  The Bill, known as An Act to amend the Employment Standards ...

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Aug 15, 2013

By Susan Crawford

Federal Court Says Employer Need Not Prove “Just Cause” Before Dismissing an Employee under s.240 of the Canada Labour Code

In what is being hailed throughout the labour community as a “game changing” decision, the Federal Court  recently broke with a 30...

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Aug 1, 2013

Pregnant Waitress Reluctant to Wear Tight Fitting Uniform Awarded nearly $20,000.00

Facts Ashley McKenna began working for the sports bar Local Heroes Stittsville in March of 2011.  In July of 2011 Ms. McKenna became pregnant....

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Jul 25, 2013

Changes to WHMIS Requirements on the Horizon?

Currently our Workplace Hazardous Materials Information System (WHMIS) sets out the requirements for protecting workers from potentially hazardous ...

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Jul 11, 2013

Arbitrator Determines that Accommodation Does Not Require Hiring Additional Staff to Perform Work of Disabled Employee

The recent arbitral decision in Hamilton Health Sciences v. Ontario Nurses’ Association, 2013 CanLII 36061 (ON LA) deals with the limits of r...

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Jun 6, 2013

By Susan Crawford

Short Service Employees May Not Truly be “Probationary”

We often hear clients talk about their “probationary employees”.  More times than not, however, we have to deliver the bad news th...

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