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Feb 16, 2024

By Jacob Love

Court Upholds Employer’s Dismissal of Health and Safety Manager for Cause

In Lagala v. Patene Building Supplies Ltd, 2024 ONSC 253 (CanLII), the employee was dismissed for cause and commenced a wrongful dismissal action a...

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Feb 1, 2024

By Misbah Anis

2023 Year In Review: A Look Back at the Top Cases and Key Legislative Changes that Impacted your Workplace

2023 was an interesting year with the continuation of lingering COVID-19 issues as well as other exceptional decisions in the area of labour and em...

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Dec 21, 2023

By Jawdat Saleh

Tis’ The Overtime Season. Or Is It?

The holiday season can be a period of recovery and relaxation for some businesses, while it might be the busiest time of the year for others. For t...

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Dec 8, 2023

By Misbah Anis

Sleigh the Risk, Not the Vibe: An Employer’s Checklist for Office Holiday Merriment

An office holiday party is often a great way to wrap up the year and show appreciation to your employees for all their hard work as well as provide...

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Nov 17, 2023

Federal Government Introduces Legislation to Ban Replacement Workers During Strikes/Lock-outs

On November 9, 2023, the federal governed introduced into the House of Commons, Bill C-58: An Act to Amend the Canada Labour Code (“Code&rdqu...

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Nov 9, 2023

By Kelsey Orth

"Lynch v. Avaya: A Notice-able Change in Wrongful Dismissal Precedent?"

In the ever-evolving landscape of employment law, the recent decision of the Ontario Court of Appeal in the case of Lynch v. Avaya Canada Corporati...

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Oct 26, 2023

By Mike MacLellan

Secret Recordings Revealed at Hearing Gave Employer Just Cause to Terminate

Two key principles emerged from the British Columbia Court of Appeal in one recent wrongful dismissal decision. Surreptitious recording of con...

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Oct 12, 2023

By Misbah Anis

Workplace Investigation Mandated by OHSA not Defamatory Says Ontario Court of Appeal

The Ontario Court of Appeal in Safavi-Naini v. Rubin Thomlinson LLP, 2023 ONCA 8 recently upheld the dismissal of a defamation action under section...

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Sep 26, 2023

New Termination Notice Provision Amendments to the Canada Labour Code

In 2018, the federal government made significant changes to the Canada Labour Code (the “Code”) through the Budget Implementation ...

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Jul 20, 2023

By Jacob Love

New Canada Labour Code Amendments Now in Effect

As of July 9, 2023, a number of amendments to the Canada Labour Code (CLC) came into effect of which employers should be aware. These amendments in...

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Jul 18, 2023

By Baldeep Bhathal

HEADS UP! OHS Inspectors Preparing for Ontario Inspection Blitz!

A warning to Ontario employers in the health care, industrial, mining, and construction sectors - expect Occupational Health and Safety inspectors ...

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Jun 29, 2023

By Jacob Love

No Chance: HRTO Dismisses Application for Lack of Prima Facie Case and No Reasonable Prospect of Success

In Loucks v. London Life Insurance Company, 2023 HRTO 955 the Human Rights Tribunal of Ontario determined that the Applicant did not establish a pr...

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Jun 22, 2023

If “Only” the Termination Clause was Valid: Ontario Superior Court finds termination clause violates the ESA due to its use of “and/or” and “only”

A recent case Quesnelle v. Camus Hydronics Ltd. (2022) ONSC 6156 demonstrates the importance of carefully and properly drafting an employment contr...

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Jun 15, 2023

By Mike MacLellan

No Take-Backs! Labour Arbitrator Refuses Union’s Attempt to Arbitrate Settled Grievance

A recent labour arbitration decision in Service Employees International Union, Local 1 Canada v Evergreen Retirement Community illustrated the fina...

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Jun 8, 2023

By Kelsey Orth

Changes to Temporary Help Agency Licensing Requirements: A Comprehensive Overview

As you may have read in this space before, the Ontario government passed Bill 27 back in 2021. The Working for Workers Act, 2021 – not to be ...

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Jun 1, 2023

OHRT Decision that an Employer’s Requirement for Proof of Canadian Citizenship or Permanent Residency Discriminatory Reasonable Say Ontario Court of Appeal

Most of Canada is currently dealing with the effects of an unprecedented labour shortage and finding a suitable candidate is not the only potential...

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May 25, 2023

By Jacob Love

Court Finds Termination Clause Unenforceable Due To “Just Cause” Provision

In Tan v. Stostac Inc., 2023 ONSC 2121, the Court found that the termination clause contained in the employment agreement was unenforceable and the...

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May 18, 2023

By Mike MacLellan

Ontario Labour Board Dismisses Pre-Emptive and Premature Complaint About Workplace Investigator

Among other obligations, subsection 32.0.7(1)(a) of the Occupational Health and Safety Act requires employers to ensure that: “an investigati...

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May 11, 2023

By Kelsey Orth

BC Employee Learns the Hard Way there is no Free Lunch: Court Upholds General Manager Dismissal for Falsified Restaurant Expense Claims

Although perhaps counterintuitive to most people, it is an established point of Canadian employment law that employee dishonesty does not necessari...

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May 4, 2023

By Jacob Love

Arbitrator Finds Mandatory Vaccination Policy Reasonable and Upholds Dismissal Of Unvaccinated Employees

In Lakeridge Health and CUPE, Local 6364, a matter of Policy and Individual Grievances concerning a Mandatory Vaccination Policy and Terminations, ...

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