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Mar 11, 2021

By Mike MacLellan

What were you Expecting? Ontario Court Rules that Pregnancy of Terminated Employee Extended the Reasonable Notice Period

By now you’ve read enough of our blogs to commit the common law reasonable notice of termination “Bardal” factors to memory: char...

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Mar 4, 2021

Ontario Superior Court Offers Further Guidance on the Impact of COVID-19 on Reasonable Notice Entitlements

A recent Ontario Superior Court decision, acts as a successor to the earlier Yee v Hudson’s Bay Company, 2021 ONSC 387 decision that we wrote...

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Feb 24, 2021

Ontario Court Sets Sky High Bar for Job Abandonment

Although uncommon, from time to time employers may find themselves dealing with job abandonment. As the very recent decision of Hettrick v Triple F...

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Feb 17, 2021

DISCRIMINATION AND RETALIATION: EMPLOYEE TERMINATED AFTER COMPLAINING ABOUT INAPPROPRIATE COMMENTS ON HER APPEARANCE

In The Sales Associate v. Aurora Biomed Inc. and others, 2021 BCHRT 5 the British Columbia Human Rights Tribunal ruled in favour of a Complainant w...

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Feb 11, 2021

By Kelsey Orth

Missed Opportunity For Clarity Around Termination Language: Supreme Court Declines To Hear Waksdale Appeal

Back in June of last year we wrote about an Ontario Court of Appeal decision that was, in a word, “troubling”, for employers: Waksdale ...

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Feb 8, 2021

BREAKING COVID-19 NEWS: ONTARIO TO GRADUALLY LIFT STAY-AT-HOME ORDERS ACROSS THE PROVINCE

Premier Doug Ford commenced his press conference this afternoon by declaring that, "Today we're seeing some sunlight break through the clouds.&rdqu...

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Feb 3, 2021
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New Tort of Harassment Recognized in Ontario Workplace Jurisprudence

Tort law – the law of civil (as opposed to criminal or contractual) wrongs and losses – rarely arises in a workplace context. It is eve...

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Jan 27, 2021

SHOULD TERMINATED EMPLOYEES RECEIVE LONGER REASONABLE NOTICE PERIODS DURING COVID-19?

In Yee v Hudson’s Bay Company, 2021 ONSC 387, an Ontario Court issued a ruling in what may seem like a very standard case of reasonable notic...

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Jan 21, 2021

Supreme Court of Canada Reiterates the Duty of Honesty in Contractual Dealings

A recent Supreme Court of Canada (the “Court”) decision reinforced the employer’s duty of good faith and honesty in all contractu...

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Jan 14, 2021

Employee Reinstated After Flouting COVID-19 Guidelines

As employers continue to grapple with managing the risk of COVID-19 in the workplace, it is unsurprising that we are beginning to see arbitrators w...

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Jan 13, 2021

UPDATED - BREAKING COVID-19 NEWS: WHAT WE KNOW ABOUT THE NEW STAY AT HOME ORDER AND O. REG 11/21

In response to a doubling in COVID-19 cases over the past two weeks, the real and looming threat of the collapse of the province's hospital system ...

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Jan 6, 2021

2020 IN REVIEW: A LOOK BACK AT THE TOP CASES AND KEY LEGISLATIVE CHANGES THAT IMPACTED YOUR WORKPLACE

It may be modest to say that 2020 was an eventful year for employers with significant changes to workplace legislation both provincially and federa...

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Dec 24, 2020

IGNORING THE RULES DOESN’T FLY: AIRPORT EMPLOYEE’S TERMINATION FOR NOT FOLLOWING COVID-19 GUIDELINES UPHELD BY ARBITRATOR

A recent decision from Arbitrator Brian Keller in Garda Security Screening Inc. v. IAM, District 140 (Shoker Grievance), [2020] O.L.A.A. No. 162 de...

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Dec 21, 2020

BREAKING COVID-19 NEWS: ONTARIO ENTERING PROVINCE-WIDE LOCKDOWN STARTING BOXING DAY

Province-Wide Lockdown The much anticipated news of stricter lockdowns across Ontario has arrived. This afternoon Doug Ford announced that Ontario ...

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Dec 17, 2020

BREAKING COVID-19 NEWS: DEEMED INFECTIOUS DISEASE EMERGENCY LEAVE IS EXTENDED TO JULY 3, 2021

In a move that gives employers some certainty as we head into the New Year, the Ontario government has extended O. Reg 228/20: Infectious Disease E...

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Dec 16, 2020

CAN EMPLOYEES BE FORCED TO TAKE THE COVID-19 VACCINE?

As Canadians anxiously await the arrival of approved vaccines for COVID-19, employers and employees are beginning to examine how this might impact ...

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Dec 9, 2020

It’s the most wonderful time of a not so wonderful year…CCPartners’ tips for safely navigating the holiday season during COVID-19

Every year the team at CCPartners provides our readers with tips for navigating the holiday season, and in particular holiday parties, without invi...

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Dec 2, 2020

To Terminate for Cause, or Without Cause – That is the Question

A recent New Brunswick Court of Appeal decision underlined the significance of alleging cause at the time of the termination, not after. Facts The ...

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Nov 25, 2020

By Mike MacLellan

Information Overload! How Should Employers Handle Medical Information in a Pandemic?

I am writing this blog on November 25, 2020.  Christmas is one month away.  Access to an effective COVID-19 vaccine is … well cert...

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Nov 19, 2020

By Kelsey Orth

SHORT-TERM EMPLOYEE’S WRONGFUL DISMISSAL CLAIM FOR YEAR’S WORTH OF REASONABLE NOTICE DENIED

When it comes to termination of employment and wrongful dismissal, the case law in recent years has, to put it mildly, not generally favoured emplo...

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