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Jun 27, 2014

By Mike MacLellan

Supreme Court of Canada Rules on Wal-Mart’s closure of Jonquiere, Quebec Store

The Supreme Court of Canada this morning released its decision in the 2005 closing of Wal-Mart’s Jonquiere, Quebec location upon certifi...

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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 19, 2014

Human Rights Tribunal finds there is No Duty to Investigate Absent Discrimination

On February 24, 2014, the Human Rights Tribunal of Ontario (the “Tribunal”) issued its decision in Scaduto v. Insurance Search Bureau, ...

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Jun 17, 2014

By Rob Boswell

Ontario Superior Court: Employer’s Out-of-Province Payroll is Relevant to ESA Severance Pay Threshold

As a result of subsection 64(1) of the Ontario Employment Standards Act, 2000, certain circumstances of a dismissal trigger an obligation on the em...

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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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Jun 5, 2014

Supreme Court of Canada Decision in Irving Pulp and Paper Followed by Arbitration Board in Recent Policy Grievance

On June 14, 2013, CCP released a blog on the Supreme Court’s decision in the matter of Communications, Energy and Paper Union of Ca...

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May 29, 2014

By Rob Boswell

Ontario Court of Appeal: Wal-Mart Liable for the Bullying of an Employee by her Store Manager

Last week, the Ontario Court of Appeal issued its decision in the case of Meredith Boucher v. Wal-Mart Canada Corp and Jason Pinnock. We discu...

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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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May 15, 2014

Federal Court of Appeal Confirms Employer Obligation to Accommodate Childcare Needs

The notion that an employer could or should be responsible for ensuring that parents can access childcare is likely a daunting proposition for many...

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May 13, 2014

By Rob Boswell

WSIAT: Limits to Entitlement for Mental Stress Violate the Charter

On April 29, 2014, the Workplace Safety and Insurance Appeals Tribunal (the Tribunal) issued a much-anticipated decision addressing the constitutio...

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May 9, 2014

Ministry of Labour Initiatives

Employers should be aware of recent changes and initiatives from the Ministry of Labour under the Occupational Health and Safety Act (“OHSA&r...

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May 8, 2014

B.C. Human Rights Tribunal Awards Unprecedented $75,000 for Injury to Dignity and Nearly 500k in Total Damages

In keeping with the trend of rapidly increasing damage awards for human rights violations in the employment context (as blogged about by CCPartners...

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May 1, 2014

Ontario Court of Appeal Upholds Termination for Cause for Long-Service Employee who was Driving while Drunk

Most employment lawyers would agree that proving just cause for a single, isolated incident for a long-service employee is an uphill battle that is...

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Apr 29, 2014

By Mike MacLellan

Family Caregivers Bill-21 Passes Third and Final Reading in Ontario Legislature

Update:  Bill-21 received Royal Assent on April 29, 2014.  The amendments to the Employment Standards Act will take effect on October 2...

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Apr 24, 2014

Without Cause Termination is not Necessarily ‘Unjust’ Under the Canada Labour Code

A recent decision has ruled that a valid employment contract can be used as a shield against a claim of unjust dismissal pursuant to the Canada Lab...

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Apr 17, 2014

By Mike MacLellan

Are you Ready for Canada’s Anti-Spam Legislation? A Primer on Commercial Electronic Messages

As business and commerce have become more interconnected and reliant on electronic communications, there has arisen a need to monitor and regulate ...

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Apr 10, 2014

By Kelsey Orth

Experienced Unionized Employee’s Just Cause Dismissal Upheld through Application of “Culminating Incident” Doctrine

A common question from employers, especially in the unionized context is: When do we have enough incidents of discipline on record for a repeat off...

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Apr 3, 2014

Ontario Superior Court finds Executive Resigned from BlackBerry Ltd. in Violation of his Employment Contract

BlackBerry Limited v. Marineau-Mes is a refreshing case for employers that wish to hold their employees to the terms in their employment agree...

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Mar 27, 2014

Supervisor Jailed for 45 Days for Health and Safety Conviction

When a client has been charged under the Occupational Health and Safety Act (“OHSA”) many times we are asked, what is the down side to ...

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Mar 20, 2014

Fixed-Term Employment Contracts: Are They Worth the Risk?

Employers often hire employees pursuant to fixed-term contracts in order to avoid common law reasonable notice obligations and other perceived liab...

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