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Nov 14, 2024

By Baldeep Bhathal

Employee Background Checks in Ontario

Employers are increasingly asking their job applicants to consent to police record checks (often referred to as background checks). In some circum...

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Nov 4, 2024

By Jawdat Saleh

Ontario’s Working for Workers Five Act, 2024

On October 28, 2024, Ontario’s Working for Workers Five Act, 2024 (Bill 190) received Royal Assent. The below changes are noteworth...

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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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Oct 17, 2024

By Mike MacLellan

Limits on Grievances: Labour Arbitrator Does Not Have Jurisdiction to Decide Post-Termination and Constructive Dismissal Complaints

Most employees have a contract for employment with their employer.  Even if the contract is not written down, its terms are implied pursuant t...

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Oct 3, 2024

By Kelsey Orth

Get Back Jojo: Return to Office Justified, Accommodation Not Warranted Says Arbitrator

The recent arbitration decision in International Brotherhood of Electrical Workers (I.B.E.W.) Local 636 v Hydro Ottawa Limited provides significant...

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Oct 1, 2024

By Jawdat Saleh

The Latest on the Duty to Mitigate

In most conversations between plaintiff and management lawyers, the terms “unenforceable”, “common law reasonable notice” a...

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Aug 29, 2024

By Baldeep Bhathal

Be careful what you say! Recent HRTO decision underscores the importance of confidentiality and non-disparagement clauses

A recent decision of the Ontario Human Rights Tribunal (the “HRTO”) serves as an important reminder that breaches of confidentiality an...

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Aug 22, 2024

By Kelsey Orth

This Ain’t Brewster’s Millions: “None Of The Above” Not An Option When Employer Offers Reasonable Accommodation

The recent decision in Aguele v. Family Options Inc., by the Human Rights Tribunal of Ontario (“HRTO”) is a significant ruling in the c...

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Aug 1, 2024

By Mike MacLellan

Ontario Court finds Supervisor Guilty of Criminal Negligence in Avoidable Death of Truck Driver

Back during my university days I had a summer job working for a fleet trailer leasing company.  In the hot summer months, the tires on transpo...

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Jul 18, 2024

By Jawdat Saleh

After-Acquired Cause: An Employer’s Permission To Go Back In Time

Starting with some employment law basics; employers in Ontario “can” terminate an employee’s employment with or without cause. I ...

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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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Jun 20, 2024

OHSA Penalties Possible Without Workplace Accident

The Occupational Health and Safety Act ("OHSA") and its regulations establish essential standards for workplace health and safety in Ontario. Non-c...

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May 21, 2024

By Mike MacLellan

Ontario Court of Appeal Deems Employment Contract Frustrated When Employee Refused COVID-19 Vaccination

An employment contract can become “frustrated” when a supervening event that was not anticipated by the parties to the contract makes p...

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May 8, 2024

By Susan Crawford

Ontario Government Introduces the Working for Workers Five Act

Ontario’s Bill 190 Working for Workers Five Act, 2004 (“Bill 190”) was introduced on May 6, 2024 with the goal of building on fou...

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Apr 30, 2024

Small Claims Court Confirms that Accepting New Employment During a Lay-off Doesn't Automatically Imply Resignation

A recent ruling from the Ontario Small Claims Court offers valuable insights for employers regarding what constitutes wrongful dismissal for an emp...

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Apr 11, 2024

By Mike MacLellan

Ontario’s Divisional Court Overturns Arbitrator’s Unreasonable Decision in Workplace Sexual Harassment Case

A concerning arbitration decision has been quashed on judicial review. Five Metrolinx employees had their employment terminated in 2021.  The ...

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Mar 28, 2024

By Jawdat Saleh

Working for Workers Four Act Receives Royal Assent

Ontario’s Bill 149, Working for Workers Four Act, 2023 received royal assent on March 21, 2024. The Bill amends several workplace law statute...

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Mar 14, 2024

By Susan Crawford

OLRB Clarifies Employer Obligations in Communicating Workplace Investigation Outcomes

A recent decision of the Ontario Labour Relations Board (the “OLRB”) provides important guidance to employers on the issue of what is r...

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Mar 1, 2024

By Kelsey Orth

ANOTHER CLAUSE BITES THE DUST: Latest decision of the Superior Court strikes down another termination clause

Stop us if you have heard this before: the Ontario court system’s latest decision undermines the enforceability of employment agreements. In ...

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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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