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Jul 7, 2021

Resignation, Termination, or Repudiation? Employee’s Conduct Found to be Incompatible with Continued Employment

In an earlier blog post, we wrote about an Ontario decision in which the defendant employer’s conduct repudiated what otherwise might have be...

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Jun 30, 2021

New OHSA Regulations to Streamline Reporting

The Province of Ontario has passed new Regulations to streamline reporting requirements under the Occupational Health and Safety Act (OHSA) which w...

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Jun 29, 2021

Ontario Court Once Again Weighs-in on IDEL vs. Constructive Dismissal Debate

Less than three weeks ago, the Employers’ Edge blog wrote about the recent decision in Taylor v. Hanley Hospitality Inc., where the Ontario S...

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Jun 24, 2021

By Kelsey Orth

ONTARIO: THERE’S NO PLACE LIKE HOME…UNLESS YOU ARE CALCULATING ESA SEVERANCE PAY!

In a decision that seems – at first blush – counterintuitive, Ontario’s Divisional Court recently decided that the severance prov...

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Jun 16, 2021

CONSTRUCTION EMPLOYER’S COVID-19 TESTING POLICY UPHELD AS REASONABLE

Employers can implement COVID-19 testing as a condition of accessing the workplace in appropriate circumstances according to a recent decision from...

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Jun 9, 2021

By Mike MacLellan

IDEL is NOT a Layoff or Constructive Dismissal: Ontario Court Changes Course

The COVID-19 pandemic has obviously impacted and impeded the way in which businesses can operate.  More specifically, through various lockdown...

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Jun 8, 2021

British Columbia Court Rules CERB Payments Deductible in Damage Calculations for Constructive Dismissal

Following Iriotakis v. Peninsula Employment Services Limited, 2021 ONSC 998, a decision we wrote about in March, the Supreme Court of British Colum...

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Jun 7, 2021

COVID-19 UPDATE: ONTARIO EXTENDS INFECTIOUS DISEASE EMERGENCY LEAVE

The government of Ontario has passed a regulation under the Employment Standards Act, 2000 (“ESA”) extending the Infectious Disease Eme...

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Jun 3, 2021

Stay-At-Home Order Expired but Restrictions Still Apply

On June 2, 2021 Ontario’s Stay-At-Home order expired, signaling a small beacon of hope to the end of the pandemic for a province facing sever...

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Jun 3, 2021

By Jay Rider

NO PROOF (OF VACCINATION) NO PAY – ARBITRATOR CONFIRMS EMPLOYER’S RIGHT TO PLACE EMPLOYEE ON UNPAID LEAVE PENDING PROOF OF VACCINATION FOLLOWING WORKPLACE EXPOSURE

An Alberta arbitrator recently determined that the Alberta Health Services (AHS) was not in violation of the law when it held a nurse out of work w...

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Jun 1, 2021

ONTARIO MANDATES VACCINATION AND VACCINE POLICIES IN LONG-TERM CARE HOMES

Ontario announced on May 31, 2021 that staff at long-term-care homes across Ontario will have to either prove they’ve had a COVID-19 vaccine,...

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May 27, 2021

Employer’s "Appalling" Post-Termination Conduct Results in Significant Damages Award for Short-Service Employee

In our earlier blog, we shared various termination best practices which would both help ensure that an employee exits the organization smoothly and...

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May 21, 2021

BREAKING COVID-19 NEWS: Ontario Introducing a Roadmap to Reopening

Ontario is introducing a three-step plan that will guide the Province’s reopening and lifting public health measures. This plan is based on t...

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May 20, 2021

Court Invalidates Termination Provision due to Repudiation by Employer

Regular subscribers to the Employers’ Edge blog will have read about the downfall of a seemingly endless stream of termination provisions in ...

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May 13, 2021

Mistake Is No Defence: An Employer’s Failure To Abide By Termination Language Repudiated The Contract, Even After They Tried To Comply

A recent decision from the Ontario Superior Court of Justice provides a stern lesson for employers who terminate someone’s employment without...

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May 5, 2021

By Kelsey Orth

ANALYZING THE 3 Rs (and an A) OF THE ENDING OF EMPLOYMENT: RESIGNATION, REPUDIATION, ‘RONGFUL DISMISSAL…AND ABANDONMENT

While not all employment relationships end as badly as the title of this article, they all, eventually, end.  Where the employer makes the cho...

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Apr 30, 2021

NEW COVID-19 LEGISLATION: A BREAKDOWN OF ONTARIO’S NEW PAID INFECTIOUS DISEASE EMERGENCY LEAVE

As a follow-up to our recent blog that we released earlier this week, Ontario’s new legislation, Bill 284, COVID-19 Putting Workers First Act...

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Apr 29, 2021

Deemed Infectious Disease Emergency Leave Not a Bar to Common Law Constructive Dismissal Claims in Ontario

In what may be the first of many COVID-19 related constructive dismissal claims in Ontario, the Superior Court of Justice determined that employees...

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Apr 28, 2021

BREAKING COVID-19 NEWS: ONTARIO TO INTRODUCE PAID COVID-19 LEAVE

Paid Leave The Ontario government has announced that they will introduce legislation that would, if passed, require employers to provide employees ...

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Apr 22, 2021

By Mike MacLellan

Déjà Vu All Over Again: Ontario Court Strikes Down Termination Language and Awards Generous Notice Period

This has been a common theme in recent months for the Employer’s Edge, but once again, an employer’s contractual termination language h...

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