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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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Dec 13, 2022

Ontario Court of Appeal Affirms Lower Court Decision Not to Grant an Injunction On COVID-19 Vaccination Policy

Recently, the Ontario Court of Appeal (ONCA) released a unanimous decision (here) upholding a lower court’s refusal to grant an injunction ag...

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Dec 8, 2022

By Mike MacLellan

BREAKING: B.C. Court of Appeal Rules CERB NOT Deducted from Wrongful Dismissal Damages

For the first time, an appeals court in Canada has ruled on what had previously been an uncertain and controversial legal principle – whether...

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Dec 1, 2022

By Kelsey Orth

Bill 124 No More: Ontario Superior Court of Justice Strikes Down Act That Imposed 3-Year Moderation Period

Moderation in all things – a familiar idiom dating back millennia even, but one that Ontario’s Superior Court of Justice has decreed sh...

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Nov 24, 2022

Baby, it’s Still COVID Outside: Workplace Holiday Party Tips as We Move Out of the Pandemic

As we continue to return to in-person meetings and events, workplaces can once again look forward to hosting and attending in-person holiday partie...

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Nov 17, 2022

Federal Government Releases Final CLC Regulations Requiring 10 Days of Paid Sick Leave

On November 7, 2022 the Government of Canada released Regulations Amending Certain Regulations Made Under the Canada Labour Code (Medical Leave wit...

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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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Nov 3, 2022

By Mike MacLellan

Another CCPartners Success Story: Employer Properly Terminated Employee’s Employment for Refusing to Undergo Independent Medical Examination

Employers of course have a duty to accommodate their employees’ disabilities to the point of undue hardship, but did you know that an employe...

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Oct 27, 2022

By Kelsey Orth

It’s Not Exactly Schrödinger's Cat, But Human Rights Tribunal of Ontario Says You Can Be In Two Places At Once

There are various aspects of operating a unionized business that are common to all such employers, chief among which are: All unionized employ...

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Oct 20, 2022

Employee Awarded $55k in Punitive and Moral Damages: What Lessons Can Employers Pohl from the Case?

A recent decision, Pohl v Hudson Bay Company, 2022 ONSC 5230, offers a few lessons about proper conduct during termination. The decision arose afte...

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Oct 13, 2022

Municipal Elections 2022: What are my Obligations as an Employer?

October 24, 2022, is the day for regular municipal elections in Ontario. With the day fast approaching, now is the time for employers to turn their...

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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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Sep 29, 2022

By Mike MacLellan

Ontario Gets a New Minimum Wage on October 1

On October 1, 2022 the lowest allowable hourly rate for most employees in Ontario will increase from $15.00 to $15.50. That’s the headline.&n...

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Sep 22, 2022

By Kelsey Orth

Court of Appeal Rings Employer’s Bell on Appeal of Wrongful Dismissal Award

The decision to take a wrongful dismissal matter to trial is one that employers should not make lightly.  That goes doubly for pursuing an app...

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Sep 15, 2022

Everybody Loves Raymond: Favourable Decision by Arbitrator Raymond Finds Three-dose Vaccination Policy to be Reasonable

Recently, we saw an arbitrator strike down a two-dose vaccination  policies (FCA Canada Inc. v Unifor, Locals 195, 444, 1285, 2022 CanLII 5291...

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Sep 8, 2022

Employer Convicted for COVID-related violations of the Occupational Health and Safety Act

Restrictions have eased and many mask and vaccine mandates have been lifted, but the impacts of COVID-19 in the workplace are still here, as one em...

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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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Aug 11, 2022

By Mike MacLellan

Harassment Investigation Considerations for Hybrid and Remote Workplaces

Workplace bullying and harassment complaints have to be investigated in a manner that is reasonable in the circumstances.  This is a long-esta...

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Jul 28, 2022

By Kelsey Orth

Q: Who Was That Unmasked Man? A: Just a Guy Who Quit - Alberta Court Rejects Claim of Constructive Dismissal for Employee Placed on Unpaid Leave for Refusing to Mask

As you know from following our blog, we have been tracking the various adjudicative decisions – whether from the courts, tribunals or arbitra...

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Jul 21, 2022

Arbitrator Upholds Creed-Based Exemption from COVID-19 Vaccination Requirement

The steady stream of COVID-19 vaccination continues to flow, with an Arbitrator in Ontario recently breaking with convention and finding a creed-ba...

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