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Oct 18, 2018

By Mike MacLellan

Leave it Alone: Ontario Court Dismisses Three Claims by Employee in Respect of her Maternity Leave

The Ontario Superior Court of Justice has recently released a decision in which it rejected an employee’s claim that her employer breached it...

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Sep 6, 2018

By Mike MacLellan

That’s Great! Arbitrator decides that new PEL provisions do not apply in light of “Greater Right or Benefit”.

In 2018 the former Liberal provincial government passed Bill-148 into law, changing an array of legislation on which workplaces were run.  One...

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Aug 9, 2018

By Mike MacLellan

No Need to Get Testy: Court of Appeal for Newfoundland and Labrador Reinstates Employee after Improper Employer Drug-Testing

The Court of Appeal of Newfoundland and Labrador recently denied an employer’s appeal from a grievance arbitration decision holding that it w...

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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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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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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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Jan 18, 2018

By Mike MacLellan

It’s an Occupational Hazard: Court of Appeal Orders New Trial Because Employer who was Compliant with Regulations, was still Off-Side the OHSA

Navigating workplace law can be tricky at the best of times.  But imagine being told that just because you weren’t violating certain spe...

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Dec 7, 2017

By Mike MacLellan

Ho! Ho! Hoping to Stay Out of Trouble? CCPartners’ Tips For a Safe and Fun Holiday Party!

Hosting a holiday party is a great way to thank your employees for their hard work and to celebrate your company’s successes in the last year...

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Oct 12, 2017

By Mike MacLellan

Bad Medicine: Arbitrator Upholds Termination of Drug-Addicted Nurse

An Ontario arbitrator has upheld the termination of a nurse, “SM”, on the basis that she was stealing narcotic drugs from her employer ...

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Aug 24, 2017

By Mike MacLellan

Believe Me, Ontario Court Upholds Termination for Dishonesty

Employers are sometimes surprised to learn that they do not necessarily have just cause to terminate a dishonest employee.  It is true that em...

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Jul 20, 2017

By Mike MacLellan

BC Court of Appeal overturns Trial Judge’s Aggravating Aggravated Damages Award

We can virtually guarantee you that a plaintiff’s wrongful dismissal claim WILL allege that the employee is entitled to aggravated damages.&n...

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Jun 15, 2017

By Mike MacLellan

Heads Up! Quebec Court Rules that Sikh Workers’ Human Rights were Not Violated by Mandatory Hard Hat Policy

Quebec Superior Court Justice André Prévost recently dismissed a claim by three Sikh men against their respective employers for refus...

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Apr 27, 2017

By Mike MacLellan

Reference Check Yo’ Self! Ontario Court dismisses defamation claim against former employer for a negative reference

Personal reference checks: that typical last step in the application process that can make or break you.  For one economist, it broke him and ...

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Mar 23, 2017

By Mike MacLellan

T.T.See Ya Later! Arbitrator Upholds Termination of Fare Collector for Uttering Threats

A long-term Toronto Transit Commission employee who was fired for uttering death threats has lost his bid for reinstatement.  We wish this was...

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Feb 2, 2017

By Mike MacLellan

Unsafe Electrician Shocked when Court of Appeal Upheld his “For Cause” Termination

The Ontario Court of Appeal has thankfully upheld the termination for just cause of one Jerzy Wasinski, in a decision that should encourage employe...

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Dec 22, 2016

By Mike MacLellan

The UFC Illustrates a Cautionary Tale - Does the “U” Now Stand for “Unionized”?

If you have been following mainstream mixed martial arts (“MMA”) for very long, like I have, it does not come as much of a surprise tha...

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Dec 1, 2016

By Mike MacLellan

Naughty or Nice? How a Holiday Party might Leave Employers with an Expensive Lump of Coal

Hosting a holiday party is a great way to thank your employees for their hard work and to celebrate your company’s successes in the last year...

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Oct 27, 2016

By Mike MacLellan

CCP’s Take on the CPP – Episode III: The Empire Strikes Back (at ORPP)

So it’s not exactly the Empire versus the Rebels, but the Trudeau government has effectively nixed the Ontario provincial mini-Empire’s...

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Jun 16, 2016

By Mike MacLellan

Bad Workplace Investigation Leads to Potential Bad Faith Lawsuit

In 2014 the Supreme Court of Canada recognized a legal obligation to perform contracts in good faith.  Our blog on that decision: Bhasin v. Hr...

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Apr 28, 2016

By Mike MacLellan

Coming Back to Bite You in the Butt: Wrongful Dismissal Claim Thrown Out Where Butt-Dials Revealed Employee Working for Personal Business on Company Time

It is an unwritten and implied term of every employment contract that an employee owes a duty of fidelity and loyalty to their employer.  Thi...

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