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Sep 5, 2013

Breaching Confidentiality Clauses – Police Officer Must Return Settlement Award

Further to a recent blog by Michael MacLellan, the following case provides yet another important example of abiding by the terms of a negotiat...

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Aug 29, 2013

Has the Ontario Human Rights Tribunal Broadened Employer Liability?

In a trio of decisions from the Human Rights Tribunal of Ontario, released in the past 5 months, the Tribunal may have signaled a significant chang...

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Aug 22, 2013

By Mike MacLellan

The Value of a Well-Crafted Settlement Document - Journalist Ordered to Repay Former Employer for Violating Confidentiality Clause

One of the most useful tools in resolving any work-related legal dispute is a well-crafted settlement document.  Naturally, an employer may be...

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Aug 15, 2013

By Susan Crawford

Federal Court Says Employer Need Not Prove “Just Cause” Before Dismissing an Employee under s.240 of the Canada Labour Code

In what is being hailed throughout the labour community as a “game changing” decision, the Federal Court  recently broke with a 30...

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Jul 11, 2013

Arbitrator Determines that Accommodation Does Not Require Hiring Additional Staff to Perform Work of Disabled Employee

The recent arbitral decision in Hamilton Health Sciences v. Ontario Nurses’ Association, 2013 CanLII 36061 (ON LA) deals with the limits of r...

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Jul 4, 2013

By Mike MacLellan

Compliance with Temporary Layoff Provisions of the Employment Standards Act, 2000: Ontario Court May Signal a Shift in the Law of Constructive Dismissal

When an employer is facing tough financial times they may decide to implement temporary layoffs of some employees until the business can get back o...

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Jun 27, 2013

By Kelsey Orth

Constructively Dismissed Employees still Required to Mitigate

Since the Supreme Court’s decision in Evans v. Teamsters Local Union Local No. 31, the law of constructive dismissal in Canada has, in most c...

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Jun 20, 2013

Finding of Discrimination Could be Based on A Prohibited Ground As a Factor, Not a Cause for Discrimination

On March 22, 2012 we blogged about the Divisional Court’s decision in Peel Law Association v. Pieters, where the Divisional Court overturned ...

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Jun 13, 2013

Implementing and Revisiting Code of Conduct enables Canadian Bank to Dismiss 26 year Employee with Cause

Lodovico Cavan v. Royal Bank of Canada demonstrates the benefit of using appropriately drafted employment policies and consistently applied pr...

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May 30, 2013

Ontario’s Divisional Court Overturns Decision to Reinstate Employee who Sexually Harassed Co-Workers

An Ontario court recently overturned a labour arbitration award that reinstated an employee who sexually harassed two co-workers. The employee (&ld...

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May 23, 2013

By Mike MacLellan

Arbitrator Refuses to Reinstate Grievor even after Finding of Unjust Dismissal

One element of unionized employment which distinguishes it from typical individual employment is that the normal remedy for a union member who is u...

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May 16, 2013

By Kelsey Orth

B.C. Court takes Objective Look at Employer’s Reorganization in Denying Constructive Dismissal Claim

In recent years the doctrine of constructive dismissal – a type of wrongful dismissal whereby the employee claims the employer has fundamenta...

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Apr 25, 2013

Health and Safety Related Misconduct Justifies the Discharge of 37-Year Employee

In the recent arbitration decision of Tonolli Canada Limited v. United Steelworkers, and its Local 9042, Arbitrator G. T. Surdykowski upheld the ju...

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Apr 11, 2013

Employers may be Required to Endure Reasonable Delay due to Picketing when Entering and Exiting their Property

The Ontario Superior Court of Justice recently held that when it comes to picketing-induced delays, “some inconvenience to the employer is pe...

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Apr 4, 2013

By Kelsey Orth

Written Notice of Termination for Employees off Work still Satisfies ESA Requirements

A recent decision of Arbitrator Randy Levinson found that the Employment Standards Act, 2000 (“ESA”) does not require an employer to pa...

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Mar 27, 2013

By Mike MacLellan

Ontario Court of Appeal Upholds Summary Judgment Motion to Stay Payment of Wrongful Dismissal Damages

In the recent decision of Hinke v. Thermal Energy International Inc., 2012 ONCA 635 (2012 ONCA 635 (CanLII)) Ontario’s Court of Appeal reiter...

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Mar 14, 2013

Court of Appeal Provides Direction on the Enforceability of Restrictive Covenants

In a recent decision, the Ontario Court of Appeal held that non-competition and non-solicitation covenants were unreasonable and went beyond the sc...

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Mar 7, 2013

Employee’s Facebook Updates Breach Confidential Minutes of Settlement

Tremblay v. 1168531 Ontario Inc. is yet another example of an employee paying the price for foolish use of social media. Facts The employee reached...

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Feb 28, 2013

By Susan Crawford

Serious Safety Violation Not Enough to Justify Just Cause Dismissal Says Ontario Court of Appeal

Mr. Plester, a supervisor with 17 years’ service at PolyOne Canada Inc., committed a serious safety infraction by not locking out a machine h...

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