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Oct 31, 2024

Hope Springs Eternal - Ontario Court Finds Termination Provisions Enforceable

In Bertsch v. Datastealth Inc., 2024 ONSC 5593, the employee commenced a wrongful dismissal action when his employment was terminated on a without ...

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Jul 4, 2024

Supreme Court Finds That the Charter Applies to Ontario Public School Boards

In York Region District School Board v. Elementary Teachers’ Federation of Ontario, 2024 SCC 22 the Supreme Court of Canada found that the Ch...

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Feb 16, 2024

Court Upholds Employer’s Dismissal of Health and Safety Manager for Cause

In Lagala v. Patene Building Supplies Ltd, 2024 ONSC 253 (CanLII), the employee was dismissed for cause and commenced a wrongful dismissal action a...

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Jul 20, 2023

New Canada Labour Code Amendments Now in Effect

As of July 9, 2023, a number of amendments to the Canada Labour Code (CLC) came into effect of which employers should be aware. These amendments in...

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Jun 29, 2023

No Chance: HRTO Dismisses Application for Lack of Prima Facie Case and No Reasonable Prospect of Success

In Loucks v. London Life Insurance Company, 2023 HRTO 955 the Human Rights Tribunal of Ontario determined that the Applicant did not establish a pr...

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May 25, 2023

Court Finds Termination Clause Unenforceable Due To “Just Cause” Provision

In Tan v. Stostac Inc., 2023 ONSC 2121, the Court found that the termination clause contained in the employment agreement was unenforceable and the...

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May 4, 2023

Arbitrator Finds Mandatory Vaccination Policy Reasonable and Upholds Dismissal Of Unvaccinated Employees

In Lakeridge Health and CUPE, Local 6364, a matter of Policy and Individual Grievances concerning a Mandatory Vaccination Policy and Terminations, ...

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Mar 23, 2023

Arbitrator Reinstates Employee Dismissed For Just Cause For Not Providing Proof Of Vaccination

In Teamsters Canada Rail Conference v VIA Rail Canada Inc., 2023 CanLII 18498 (CA SA) the Company terminated an employee with 19 years of service f...

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Feb 16, 2023

Ontario Court Upholds For Cause Termination of Employee With 20 Years of Service

In Park v. Costco Wholesale Canada Ltd., 2023 ONSC 1013 the Ontario Superior Court of Justice upheld the employer’s for cause dismissal of an...

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Jan 12, 2023

IDEL Regulation Not Applicable Where An Employee Was Laid Off Prior To May 29, 2020 And Resigns Within Reasonable Period Says SCC

In a recent Small Claims Court decision, Wilkinson v Pharma, 2022 CanLII 120475 (ON SCSM), the Court determined that the IDEL regulation did not ap...

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Dec 15, 2022

A Lesson on Discretion: Discretionary Bonuses Have to be Paid Fairly

A common form of compensation for integral members of an organization is the discretionary bonus.  In principle, an employer can exercise disc...

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Nov 10, 2022

Court of Appeal: No Obligation For A Dismissed Employee To Seek Less Remunerative Work To Fulfill Their Duty To Mitigate

In Lake v. La Presse, 2022 ONCA 742, the Court of Appeal determined that the motion judge erred in reducing the employee’s reasonable notice ...

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Oct 6, 2022

Employee Not Constructively Dismissed When Placed on Leave of Absence for Violating Mandatory Vaccination Policy Says BC Court

In a welcomed decision for employers, the Supreme Court of British Columbia has ruled that placing a worker on an unpaid leave of absence for faili...

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Aug 25, 2022

“If It’s Good Enough For You, It’s Good Enough For Me”, Says Ontario Court Of Appeal: Employee’s Notice Period Reduced for Failing to Accept a Comparable Position

In Humphrey v. Mene Inc., 2022 ONCA 531, the Court of Appeal for Ontario addressed the employer’s appeal and employee’s cross appeal of...

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Jun 16, 2022

Court of Appeal: Subjective Considerations Cannot Override the Plain Language of a Termination Provision

In a decision released on June 8, 2022, the Court of Appeal for Ontario overturned the motion judge’s decision in Rahman v. Cannon Design Arc...

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Apr 14, 2020

Tele/Video Hearings in Ontario during the COVID-19 Pandemic

The COVID-19 global pandemic has significantly changed how Ontario courts and administrative tribunals operate. In response to the pandemic, these ...

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Feb 13, 2020

COURT FINDS EMPLOYER HAD CAUSE TO TERMINATE AN EMPLOYEE FOR SEXUALLY ASSAULTING A CO-WORKER

Last week Mike MacLellan blogged on a case where a unionized employee was terminated for sexually harassing another employee. This week we’re...

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Jan 15, 2020

FEDERAL COURT CLARIFIES THAT REINSTATEMENT IS NOT THE “STANDARD” REMEDY IN ALL UNJUST DISMISSAL CASES

As many of our readers are aware, adjudicators have an array of options under the Canada Labour Code (CLC) to remedy an unjust dismissal. Of these ...

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Jan 9, 2020

2019 IN REVIEW: A LOOK BACK AT THE TOP CASES AND KEY LEGISLATIVE CHANGES THAT IMPACTED YOUR WORKPLACE

2019 was a tumultuous year for employers with significant changes to workplace legislation both provincially and federally and a number of notewort...

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Dec 5, 2019

Court Enforces Without Cause Termination Provision Where Employment Agreement Also Contained An Invalid Termination For Cause Provision

CCPartners has blogged on a number of court decisions that address the enforceability of termination clauses, particularly those that seek to limit...

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