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Apr 8, 2020

By Kelsey Orth

Responding to Temporary Interruptions in Business Operations: SUB Plans

  Many employers are looking for creative ways to support their operations and their employees through interruptions brought on by the sprea...

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Mar 3, 2020

By Kelsey Orth

UNIONIZATION ONE STEP CLOSER TO BEING SERVED ON FOOD DELIVERY INDUSTRY: FOODORA’S COURIERS DETERMINED TO BE DEPENDENT CONTRACTORS

The “Gig Economy”: this is the name that has been given to the current state of the world of work in North America, if not most of the ...

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Jan 29, 2020

By Kelsey Orth

MORE BAD MEDICINE FOR EMPLOYERS: DIVISIONAL COURT OVERTURNS DISIMISSAL OF DRUG-ADDICTED THIEVING NURSE

You may remember reading about the case of the nurse at Cambridge Memorial Hospital whose 28-year career was cut short when Arbitrator Dana Randall...

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Dec 19, 2019

By Kelsey Orth

Cormier, Part Deux: Court Of Appeal Upholds Summary Judgment Decision

As you may recall from our blog earlier this year, the case of Cormier v. St. Joseph Communications involved a wrongful dismissal case that challen...

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Nov 7, 2019

By Kelsey Orth

DEALING WITH LONG-TERM ABSENCES: YOU MAY BE FED UP AS THE EMPLOYER, BUT THAT MIGHT NOT BE THE ONLY THING FRUSTRATED

  You may recall or already know that the doctrine of frustration of contract exists, and intersects with an employer’s duty to accommod...

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Sep 26, 2019

By Kelsey Orth

IMPORTANT: Employer Obligations in October 21 Federal Election

Many employers may be unaware that they have obligations to their employees in respect of the upcoming October 21, 2019 federal election, in terms ...

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Aug 8, 2019

By Kelsey Orth

Tie Goes To The Runner: Termination Language Almost Upheld, But Potential Ambiguous Interpretation Leads Court To Award Reasonable Notice

In this space, you have seen numerous articles reporting on the latest decisions interpreting contracts of employment: employees challenging anythi...

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Jul 4, 2019

By Kelsey Orth

THE FRUSTRATION OF ACCOMMODATION GETS A BIT OF CLARITY: FRUSTRATION OF CONTRACT RESOLVED BY WAY OF SUMMARY JUDGMENT, EMPLOYER VINDICATED

A welcome decision for employers recently came to light as the Ontario Divisional Court in Katz et al. v. Clarke, 2019 ONSC 2188 ruled that frustra...

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Jun 6, 2019

By Kelsey Orth

If You Don’t Have Anything Nice To Say About Your Employer, Don’t Say Anything At All… Especially If It Isn’t True!

We have all heard the story: the disgruntled former employee badmouthing the company he or she used to work for to anyone who will listen.  Ho...

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May 2, 2019

By Kelsey Orth

NOT EVERYONE WANTS THE LATEST TECHNOLOGY IN THEIR VEHICLE? TOO BAD, SAYS ARBITRATOR IN JUSTIFYING IN-CAB EMPLOYEE MONITORING SYSTEM

Today’s workplace has an interesting dynamic when it comes to technology and employees: while employees generally want access to all the tech...

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Mar 28, 2019

By Kelsey Orth

Court Comes Down on Employer: Failure to Train and Failure to Ensure Fall Protection Equipment Used Leads to Hefty Fine

As you know, the Provincial Government has the authority to publish convictions under the Provincial Offences Act, including those for violations o...

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Feb 21, 2019

By Kelsey Orth

Would Casey Jones get a Second Chance Today? Arbitrator Reinstates Locomotive Engineer After Incident Involving Alcohol on Duty

As many employers know, the accommodation process is far from simple.  Then, when you put the duty to accommodate in the context of discipli...

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Jan 17, 2019

By Kelsey Orth

CLASS ACTION AGAINST UBER DRIVING ONWARD IN WAKE OF RECENT COURT OF APPEAL DECISION

You may be aware of some of the worldwide challenges faced by Uber as an employer; in fact I wrote in this space last year about a specific ruling ...

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Dec 13, 2018

By Kelsey Orth

IT’S HIGH TIME THEY WENT (AWAY): UNIFOR DROPS LEGAL CHALLENGE TO SUNCOR’S RANDOM DRUG TESTING

As you no doubt noticed on our Twitter feed last week, in a few short weeks Suncor Energy will begin random drug testing of employees at its variou...

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Nov 8, 2018

By Kelsey Orth

The Feds Play Catch-Up: Canada Labour Code to Address Violence and Harassment in the Workplace 9 Years After Ontario’s Bill 168

On October 25, 2018, Bill C-65, An Act to amend the Canada Labour Code (harassment and violence), the Parliamentary Employment and Staff Relat...

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Oct 11, 2018

By Kelsey Orth

There is No “OT” in NOTICE – Court of Appeal agrees with Motions Judge that Employees not Expected to Look for Work in Their Sleep when Working Notice Provided

As you may know, the Employment Standards Act, 2000 (“ESA”) has specific provisions governing an employee’s minimum entitlements ...

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Oct 4, 2018

By Kelsey Orth

Good News For Employers (May Be On The Way)!

As rare as the use of that headline may be, we are cautiously optimistic that Premier Ford’s announcement yesterday that “Bill 148 will...

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Jul 26, 2018

By Kelsey Orth

SOMETIMES A FULL AND FINAL RELEASE IS JUST THAT: MANITOBA HUMAN RIGHTS COMMISSION DENIES COMPLAINT ON BASIS OF SIGNED RELEASE

You have read in this space about recent cases where the language and enforceability of an executed Release has been called into question, includin...

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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 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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