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Jul 11, 2019

By Mike MacLellan

The Only Thing Certain Was The Outcome: Human Rights Tribunal Finds Employer Discriminated Based On Family Status, But Does Not Apply Either Competing “Test”

Employers have a responsibility to accommodate employees’ family status obligations up to a point of undue hardship.  The Human Rights T...

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Jun 13, 2019

By Mike MacLellan

Let’s Make a Deal…Unless the Law Won’t Allow It! Ontario Court of Appeal Reiterates that Employers Cannot Contract Out of the Employment Standards Act

Here are two things I want you to know before you even start reading this blog: Subsection 5(1) of Ontario’s Employment Standards Act (&ldqu...

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May 9, 2019

By Mike MacLellan

Purported Franchisor gets Taken to the Cleaners: Supreme Court of Canada Rules that Independent Contractor was In Fact an Employee

Once in a while I speak with a new client about their employment law obligations, and they inform me that they don’t have any employees. ...

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Apr 4, 2019

By Mike MacLellan

Bill 66 Passes in Ontario Legislature - It Turns Out the Sky is Not Falling After All

The Ontario government has passed Bill 66, known as Restoring Ontario’s Competitiveness Act, 2019.  It is an omnibus bill making amendme...

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Feb 28, 2019

By Mike MacLellan

It’s OPEN Season in the Construction Industry – Tips for Employers to Avoid the Pitfalls of the 2019 “Open Period”

Ontario’s construction industry has a two-month “open period” every three years, where trade unions will attempt to raid each oth...

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Jan 24, 2019

By Mike MacLellan

Ontario’s Court of Appeal Refuses to Reinstate Jail Sentence in Occupational Health and Safety Case

Back in 2017, CCPartners blogged about a Summary Appeal decision in which a sentence of a $500,000 corporate fine and jail sentences for the two di...

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Dec 20, 2018

By Mike MacLellan

Bill-148 Style Changes Now Coming to Federal Workplace Legislation: An Overview of Bill C-86

Now that we’re all acquainted with the changes to Ontario’s labour and employment legislation brought by Liberals under Bill 14...

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Nov 15, 2018

By Mike MacLellan

Get Outta Here! Ontario Court Confirms it has no Jurisdiction over Dispute arising from Collective Agreement

A decision from the Ontario Superior Court of Justice confirmed a long-standing legal principle that is at the foundation of labour law: the courts...

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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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