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Apr 12, 2012

By Susan Crawford

Mandatory WSIB Coverage for Independent Operators in Construction Industry

In 2008 the Ontario government introduced legislation (Bill 119, Workplace Safety and Insurance Amendment Act, 2008) that would require all indepen...

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Apr 5, 2012

Slapping Co-Worker not Just Cause Where Employer Does not Train Employees on Workplace Violence Policies

An Ontario judge recently found that an employee was not dismissed for cause after he struck a co-worker in violation of the employer’s workp...

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Mar 29, 2012

By Susan Crawford

Hiring a Former Employee? Beware of the “Prior Service” Baggage

A recent decision of the Supreme Court of British Columbia considered how to treat a break in an employee's service when determining entitlement to...

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Mar 8, 2012

Divisional Court Confirms That Employment Contracts Can Be Frustrated Due To Illegality

On November 7, 2011, the Ontario Divisional Court considered the issue of whether an employer is able to argue frustration of contract when an empl...

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Mar 1, 2012

By Kelsey Orth

Court of Appeal Upholds 200k Damage Award for Failure to Continue Disability Coverage During Former Employee’s Assessed Notice Period

You may recall CCP reporting on a decision of the Superior Court of Justice last year that awarded a wrongfully dismissed employee compensation for...

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Jan 5, 2012

By Kelsey Orth

The Employment Insurance Hearing Quandary: To Participate Or Not!!!

When an employee is dismissed, an employer must complete and submit a Record of Employment (“ROE”) that, among other things, explains w...

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Dec 15, 2011

By Susan Crawford

Minister of Labour Introduces Job-Protected Family Caregiver Leave

On December 8, 2011 the Minister of Labour introduced legislation that, if passed, will grant employees in Ontario with up to eight (8) weeks of un...

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Nov 10, 2011

By Kelsey Orth

Facebook Firings

At our recent CCP Labour and Employment Law Forum, the use of social media in the workplace was a real hot-button issue.  Indeed, with the per...

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Oct 20, 2011

By Susan Crawford

Single Incident of Workplace Misconduct Can be Just Cause for Dismissal

A progressive discipline approach is a common practice used by employers to correct negative behaviour. It is a system where disciplinary penalties...

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Oct 6, 2011

Employee Still Obligated to Mitigate Damages Even Where There is a Contractual Notice Period

Bowes v. Goss Power Products confirms that a written employment agreement with a defined notice period does not relieve a dismissed employee of the...

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Sep 22, 2011

Provincial Election on the Horizon: Employer Obligations

With the next provincial election looming on the horizon on October 6, 2011, we are writing to remind employers of their obligations under the Onta...

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Sep 1, 2011

By Susan Crawford

Some of the Most Unusual Workplace Stories We’ve Heard Over the Years

As another summer draws to a close we thought a lighter approach to our weekly blog was in order.   Over the years we have often heard cl...

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Aug 18, 2011

By Susan Crawford

An Employee’s Battle with Cancer and the Employment Insurance Act may have Set a Precedent for other Employees to Combine Sick Leave with Parental Leave or other Leave Benefits

The recent Umpire’s decision in Rougas v. Employment Insurance Act  (the “Act”) may have paved the way for employees who bec...

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Aug 4, 2011

By Susan Crawford

Wrongful Dismissal Damages Not the Only Risk in Failing to Provide Reasonable Notice of Termination-200K Awarded for Failure to Continue Disability Coverage

Employers often make a calculated gamble when dismissing employees with notice by providing only the employee’s Employment Standards Act (&ld...

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Jul 28, 2011

By Susan Crawford

Summary Judgment Ruling Emphasizes the Importance of Employment Contracts

The decision of McNeely v. Herbal Magic Inc. once again confirms that well drafted employment agreements are effective in minimizing potential dama...

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Jul 21, 2011

By Susan Crawford

An employee on sick leave has provided a doctor's note saying "required to be off for 2 months". Can I ask for better medical information?

While no two employers are alike, there are common workplace issues that arise for which the CCP team provides strategic legal advice. We have comp...

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Jul 7, 2011

By Susan Crawford

Ontario’s Top Court Provides Clarity Regarding Notice Periods – Unskilled Worker Receives 22 Months’ Notice

A recent Ontario Court of Appeal decision provides some useful guidance for employers when dismissing non-union employees without cause. The decisi...

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May 19, 2011

By Susan Crawford

10 Tips for Preventing an Escalation of Violence During Workplace Meetings

Incidents of workplace violence can arise in the most unlikely of places, particularly when meetings take place to deliver unpleasant news.  T...

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Apr 26, 2011

2011 Federal Election: Are Employers Obliged to Give Employees Time Off to Vote?

Employers may be unaware that they have obligations to their employees in respect of the upcoming May 2, 2011 federal election.  Under the Can...

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Apr 19, 2011

By Susan Crawford

Electronic Resources, Communications and an Employee’s Expectation of Privacy: What is Reasonable and How Much Can the Employer Control?

Employers provide their employees with all manner of tools to help them be productive and succeed.  Today, that can often include providing mo...

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