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Jun 21, 2018

By Susan Crawford

What’s Old is New Again - Changes to Holiday Pay Calculation in Ontario for Canada Day and Beyond

In what would turn out to be the Liberal Government’s swan song, and amid widespread criticism from the business community, the controversial...

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Jun 15, 2018

By Kelsey Orth

Random Drug Testing, A Suncor Update: Common Sense Prevails (For Now) As Supreme Court Of Canada Denies Unifor’s Application For Leave To Appeal

You may recall that on October 19, 2017 we reported on the Alberta Court of Appeal’s decision in Suncor Energy Inc. and Unifor Local 707A (&l...

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Jun 14, 2018

By Mike MacLellan

Another Employment Law Myth Busted: PEI Court Ruling Shows that Existence of Probationary Period Does Not Give Employers an Unfettered Right to Terminate

This one is right up there with “two weeks’ notice” and “three strikes you’re out”.  Some employers are ba...

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Jun 7, 2018

By Kelsey Orth

Just Cause Allegations Must Be Righteous, Or Else! Court Awards $125,000 In Extraordinary Damages For False Claims Of Just Cause

In May the Superior Court of Justice for Ontario released its decision in Ruston v. Keddco Mfg. (2011) Ltd..  While the award of 19.5 months&r...

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Jun 6, 2018

By Kelsey Orth

IMPORTANT: Employer Obligations in June 7, 2018 Provincial Election

Many employers may be unaware that they have obligations to their employees in respect of the upcoming June 7, 2018 provincial election.  Obli...

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May 31, 2018

By Shreya Patel

Court of Appeal Warns Employers: Exercising your rights under a termination clause in fixed term contract requires good faith

In a recent decision, the Ontario Court of Appeal ruled that although the Company had an unfettered right to terminate an independent contractor&rs...

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May 24, 2018

By Angela Wiggins

BREAKING NEWS: Section 25(2.1) of the Ontario Human Rights Code Unconstitutional says Tribunal! Right to Terminate Group Benefits at 65 Successfully Challenged

Are you an employer with a benefit plan that terminates for workers who are 65 and older? If yes, you should be taking note of the Human Rights Tri...

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May 24, 2018

By Brian Silva

Employer’s Decision to Refuse Employment to Medicinal Cannabis User Supported by Arbitrator

On August 1, 2018, the government’s plan to legalize recreational marijuana will come into effect and employers will be faced with questions ...

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May 17, 2018

By Kelsey Orth

#TimesUp for Employer Who Abused his Position of Authority for Almost 30 Years

While the #TimesUp movement may have started with the stars who often wear Louboutins and Manolo Blahniks, a recent HRTO decision in favour of some...

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May 10, 2018

By Angela Wiggins

Pay Transparency Legislation Gets the Green Light

Back in March we blogged on the Ontario Government’s announcement of a strategy on pay transparency called “Then Now Next: Ontario&rsqu...

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May 8, 2018

By Kelsey Orth

Breaking News: Break for Employers on Holiday Pay

Yesterday the Ontario government announced that it would undertake a review of the Public Holiday System under Part X of the Employment Standards...

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May 7, 2018

By Susan Crawford

Tribunal Shows “Zero Tolerance” to Employee Fired for Smoking Medical Marijuana on 37th Floor Swing Stage

With the impending legalization of marijuana and a rise in the number of people using medical marijuana to treat any number of ailments, employers ...

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Apr 26, 2018

By Mike MacLellan

BUS-ted! School Bus Driver in PEI was Insubordinate, and NOT Subject to Discrimination

In a welcome decision from Canada’s smallest province, a pervasive myth has been dispelled: an employee with a disability who belongs to a un...

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Apr 19, 2018

By Angela Wiggins

Privacy Matters! The Importance of Developing a Workplace Policy

Throughout Canada, privacy in the workplace is becoming increasingly important. Employers regularly face the difficult challenge of balancing their...

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Apr 12, 2018

By Shreya Patel

Does the Release signed by your former employee cover claims of sexual harassment arising during employment? Likely not says Ontario Superior Court of Justice!

In light of powerful movements such as #metoo and #timesup, workplace sexual harassment is a top concern for all employers. In a recent decision, t...

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Apr 5, 2018

By Brian Silva

Ontario Divisional Court Confirms Employer Cannot Provide Working Notice of Termination to Employee on Disability Leave

One question we often get from employers is whether they can provide working notice of termination to an employee who is on an approved leave. More...

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Mar 29, 2018

By Kelsey Orth

Equal Pay for Equal Work: It’s No April Fool’s Joke and Could Cost You If You Aren’t Ready

As we all know, the majority of the sweeping legislative changes to the Employment Standards Act, 2000 (“ESA”) and to the Labour Relati...

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Mar 22, 2018

Court rejects employee’s obligation to accept new employment with strings attached, awards 26 months’ notice

In a recent decision of the Ontario Superior Court of Justice, two plaintiffs were each awarded wrongful dismissal damages in the amount of 26 mont...

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Mar 15, 2018

By Angela Wiggins

What Then? What Now? What Next? Employers face further Obligations under Proposed Pay Transparency Legislation

It’s 2018 and employers are no longer strangers to sweeping changes to labour and employment law in Ontario.  Despite many employers sti...

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Mar 8, 2018

By Mike MacLellan

Dave’s Not Here Man…His Termination for Smoking Dope at Work was Upheld

On August 1, 2018 (maybe) the federal government’s plan to legalize recreational marijuana will come into effect and no doubt, employers will...

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