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May 19, 2022

By Kelsey Orth

The Taylor Appeal: No Clarity from Court of Appeal on Question of Intersection of ESA and Common Law Rights Under the IDEL Amendments

In 2020, the global COVID-19 pandemic unexpectedly changed the lives of many employers and employees. During this time period, employers needed to ...

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May 12, 2022

Proposed Federal Budget Would Increase Paid Leave Entitlements Under the Canada Labour Code

On December 17, 2021 the federal government passed Bill C-3, An Act to amend the Criminal Code and the Canada Labour Code. Once it comes into effec...

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May 5, 2022

Does a Dismissal During the COVID-19 Pandemic Always Extend Notice Periods?

According to recent case law, employment professionals might argue that terminating someone’s employment during the COVID-19 pandemic will au...

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Apr 28, 2022

Two Wrongs Don’t Make A Right: Cautionary Tale for Employers Delivered by Ontario Court of Appeal in Sexual Harassment Dismissal Case

Two wrongs don’t make a right.  That is the message from the Ontario Court of Appeal in its recent decision in Render v ThyssenKrupp Ele...

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Apr 14, 2022

Ontario Government Passes the Working for Workers Act, 2022 With Important Changes for Employers

On Monday, April 11, 2022 Bill 88, the Working for Workers Act, 2022 (the ”Act”) received Royal Assent and came into force. The Act is ...

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Apr 7, 2022

By Kelsey Orth

What to do with Unvaccinated Employees Currently Out of the Workplace in the Changing Landscape of the Coronavirus?

Given the change in the public health guidelines and rules around vaccination, employers have many questions right now surrounding their options, o...

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Mar 31, 2022

Complicit in the Implicit: Labour Board Finds a Termination to be Tainted with Discrimination Due to Implicit Racial Bias in the Workplace

A recent construction industry grievance referral decision from the Ontario Labour Relations Board (the “Board”), Labourers’ Inte...

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Mar 24, 2022

26 Month Wrongful Dismissal Notice Period Upheld by Ontario Court of Appeal

Understanding and appreciating the extent of an employer’s liability when it is required to terminate a worker’s employment can be a ch...

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Mar 17, 2022

Kicked to the CERB: Judge overturns wrongful dismissal damage award that failed to deduct CERB payments

Recently, the Supreme Court of British Columbia decided another case that considered the impact of the Canada Emergency Response Benefit (CERB) on ...

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Mar 10, 2022

Court Confirms Advanced Age and Short Service Does Not Automatically Equate to Lengthy Notice Period

A recent pair of Ontario Superior Court decisions offered interesting insight on the determination of reasonable notice when faced with widely cons...

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Mar 3, 2022

Ontario Court Confirms No Retroactive Application of Employment Standards Act Ban on Non-Competition Clauses

Last week we were able to share some much-needed ministry guidance on the Working for Workers Act (the “Act”), which introduced amendme...

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Feb 24, 2022

By Mike MacLellan

Working For Workers Act: Ontario Ministry Provides Needed Guidance

Late last year, CCPartners published an Employers’ Edge overview of the Working for Workers Act, amending Ontario’s Employment Standard...

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Feb 17, 2022

Arbitrator Finds Employee’s False Attestation on COVID Screening as Just Cause for Termination

A recent decision from Arbitrator Eli Gedalof, Johnson Controls Canada v Teamsters Local, Union 419 (Williams Grievance), offers more insight into ...

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Feb 11, 2022

By Mike MacLellan

The Open Period is Coming for Ontario’s Construction Industry! Here is What Employers Need to Know About Union Raids and Decertifications.

By Mike MacLellan and Danielle Jager It’s kind of like the Olympics.  Every three years we get to watch exciting high-stakes battles be...

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Feb 10, 2022

By Mike MacLellan

Right to Terminate Employment in COVID-19 Mandatory Vaccine Policy Struck by Arbitrator

The latest ruling on an employer’s mandatory COVID-19 vaccination policy came on February 7, 2022 from Arbitrator Gail Misra.  The outco...

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Feb 3, 2022

BC Court Finds Surreptitious Recording of Fellow Employees Just Cause for Dismissal

The recent decision from Justice Branch of the Supreme Court of British Columbia in Shalagin v. Mercer Celgar Limited Partnership, 2022 BCSC 112 pr...

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Jan 26, 2022

Duty of Fair Representation is Not a Duty to Handhold: OLRB Dismiss Complaint that Union Was Not More Supportive of Decision Not to be Vaccinated

COVID-19 has been rapidly changing the workplace for almost two years now and decisions on vaccination policies continue to be released. CCPartners...

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Jan 19, 2022

A Complete Rundown of COVID-19 Vaccine Policy Decisions in Ontario

Updated: July 20, 2023 As courts and arbitrators continue to answer the burning questions around the enforceability of COVID19 vaccination policies...

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Jan 13, 2022

ARBITRATOR UPHOLDS COVID-19 VACCINE POLICY REQUIRING DISCLOSURE OF VACCINATION STATUS AND PLACING UNVACCINATED EMPLOYEES ON LEAVE OF ABSENCE

Recently, we have been blogging on decisions regarding COVID-19 vaccination policies. You can find our latest blogs on these decisions here, here a...

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Jan 5, 2022

2021 IN REVIEW: A LOOK BACK AT THE TOP CASES AND KEY LEGISLATIVE CHANGES THAT IMPACTED YOUR WORKPLACE

No one could have anticipated at the outset of the COVID-19 pandemic in March, 2020 that it would so profoundly affect the workplace for the balanc...

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