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Jul 31, 2014

By Mike MacLellan

Employer Cannot Expedite their Employee’s Resignation Without Proper Notice

By now we all know that an employer in Ontario can terminate any employee at any time without just cause, so long as the termination is not due to ...

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Jun 27, 2014

By Mike MacLellan

Supreme Court of Canada Rules on Wal-Mart’s closure of Jonquiere, Quebec Store

The Supreme Court of Canada this morning released its decision in the 2005 closing of Wal-Mart’s Jonquiere, Quebec location upon certifi...

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Apr 29, 2014

By Mike MacLellan

Family Caregivers Bill-21 Passes Third and Final Reading in Ontario Legislature

Update:  Bill-21 received Royal Assent on April 29, 2014.  The amendments to the Employment Standards Act will take effect on October 2...

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Apr 17, 2014

By Mike MacLellan

Are you Ready for Canada’s Anti-Spam Legislation? A Primer on Commercial Electronic Messages

As business and commerce have become more interconnected and reliant on electronic communications, there has arisen a need to monitor and regulate ...

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Feb 27, 2014

By Mike MacLellan

Ontario Court of Appeal Rules that Compliance with the Law is Not a Mitigating Factor, and there is no Jurisdiction for Concurrent Fines under OHSA

In its recent decision of R. v. Flex-N-Gate Canada Company, 2014 ONCA 53, the Ontario Court of Appeal ruled that post-accident compliance with mand...

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Jan 2, 2014

By Mike MacLellan

Restaurant Owners Ordered to pay $100,000 to Three Employees for Human Rights Violations

On December 4, 2013, the Human Rights Tribunal of Ontario rendered a decision awarding a large sum in damages, continuing the trend that has been s...

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Dec 19, 2013

By Mike MacLellan

Pension Benefits Cannot be Deducted from Employee Entitlements on Termination

Last week the Supreme Court of Canada delivered a ruling to clarify what has been an unsettled issue in employment law.  In a wrongful termina...

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Oct 17, 2013

By Mike MacLellan

Federal Court of Appeal Clarifies Employment Insurance Act: No Double Recovery for Having Twins

On June 27, 2013 the Supreme Court of Canada refused to grant leave to appeal a decision by the Federal Court of Appeal which held that a couple ca...

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Sep 26, 2013

By Mike MacLellan

Family Caregivers Bill-21 Passes Second Reading in Ontario Legislature

On September 25, 2013, Bill-21 passed second reading in the Ontario Legislature.  The Bill, known as An Act to amend the Employment Standards ...

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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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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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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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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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Dec 6, 2012

By Mike MacLellan

Rarely-Used Penalty Invoked to Land Company Director in Jail for Unpaid Wages

If the Ministry of Labour gives you an Order, you had better comply. That’s the message employers should be taking from the example of Steven...

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Nov 15, 2012

By Mike MacLellan

Reasonable Requests for Medical Information NOT Harassment says Ontario Human Rights Tribunal

Accommodating an employee with medical limitations can be a difficult proposition for employers.  On one hand, an employer has a legal obligat...

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Sep 27, 2012

By Mike MacLellan

Employer’s Unilateral Change to Bonus Structure can result in Wrongful Dismissal

It should be plain and obvious that an employer has the right to manage its business as it sees fit. That includes managing its employees as it se...

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Aug 16, 2012

By Mike MacLellan

Getting Hung-Up on driving with Hand-Held Mobile Devices - Recent Court decision sheds light on when an offence is committed

On June 20, 2012 the Ontario Court of Justice rendered a decision that now defines what constitutes an offence under section 78.1 of Ontario’...

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Jun 27, 2012

By Mike MacLellan

Historic Guilty Pleas in Christmas Eve Workplace Fatalities

Ontario’s Courts are the current setting for a series of historic events in relation to regulatory and criminal charges stemming from one o...

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May 3, 2012

By Mike MacLellan

Ontario Court Upholds Termination of Long-Service Employee for Serious Misconduct and Dishonesty

Employers have long grappled with the issue of how to properly discipline a long-service employee for an apparently isolated, but severe, incident ...

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Mar 15, 2012

By Mike MacLellan

An Employer’s Duty to Accommodate Still Trumps Privacy Rights

The ever-changing legal landscape in Ontario changed again in January when the Court of Appeal rendered its decision in the civil case of Jones v. ...

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