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Sep 22, 2022

By Kelsey Orth

Court of Appeal Rings Employer’s Bell on Appeal of Wrongful Dismissal Award

The decision to take a wrongful dismissal matter to trial is one that employers should not make lightly.  That goes doubly for pursuing an app...

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Jul 28, 2022

By Kelsey Orth

Q: Who Was That Unmasked Man? A: Just a Guy Who Quit - Alberta Court Rejects Claim of Constructive Dismissal for Employee Placed on Unpaid Leave for Refusing to Mask

As you know from following our blog, we have been tracking the various adjudicative decisions – whether from the courts, tribunals or arbitra...

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May 19, 2022

By Kelsey Orth

The Taylor Appeal: No Clarity from Court of Appeal on Question of Intersection of ESA and Common Law Rights Under the IDEL Amendments

In 2020, the global COVID-19 pandemic unexpectedly changed the lives of many employers and employees. During this time period, employers needed to ...

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Apr 7, 2022

By Kelsey Orth

What to do with Unvaccinated Employees Currently Out of the Workplace in the Changing Landscape of the Coronavirus?

Given the change in the public health guidelines and rules around vaccination, employers have many questions right now surrounding their options, o...

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Nov 25, 2021

By Kelsey Orth

It’s the most wonderful time of (another) not so wonderful year…CCPartners’ tips for safely navigating the holiday season during our second year of COVID-19

Every year the team at CCPartners provides our readers with tips for navigating the holiday season, and in particular holiday parties, without invi...

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Nov 11, 2021

By Kelsey Orth

HIT ME WITH YOUR BEST SHOT: MANDATORY VACCINATION POLICY SURVIVES CHALLENGE AT ARBITRATION

In one of the first decisions to be released in Ontario on the subject, an arbitrator has upheld a mandatory vaccination policy that was challenged...

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Jul 29, 2021

By Kelsey Orth

WE KNOW THE PANDEMIC HAS MADE EVERY DAY FEEL LIKE A YEAR, BUT COME ON! BC PROVINCIAL COURT AWARDS 3 MONTHS’ NOTICE TO 3-DAY EMPLOYEE.

Many are familiar with the general idea that, when it comes to reasonable notice, one month per year of service is the usual starting point.  ...

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Jun 24, 2021

By Kelsey Orth

ONTARIO: THERE’S NO PLACE LIKE HOME…UNLESS YOU ARE CALCULATING ESA SEVERANCE PAY!

In a decision that seems – at first blush – counterintuitive, Ontario’s Divisional Court recently decided that the severance prov...

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May 5, 2021

By Kelsey Orth

ANALYZING THE 3 Rs (and an A) OF THE ENDING OF EMPLOYMENT: RESIGNATION, REPUDIATION, ‘RONGFUL DISMISSAL…AND ABANDONMENT

While not all employment relationships end as badly as the title of this article, they all, eventually, end.  Where the employer makes the cho...

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Mar 18, 2021

By Kelsey Orth

DESPERATELY SEEKING PROXY: COURT OF APPEAL DECISION MAKES PAY EQUITY MAINTENANCE AND CATCH-UP A LOOMING ISSUE

Ontario's Pay Equity Act aims to remedy systemic gender discrimination in terms of pay in predominantly female occupations. This is normally done b...

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Feb 11, 2021

By Kelsey Orth

Missed Opportunity For Clarity Around Termination Language: Supreme Court Declines To Hear Waksdale Appeal

Back in June of last year we wrote about an Ontario Court of Appeal decision that was, in a word, “troubling”, for employers: Waksdale ...

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Nov 19, 2020

By Kelsey Orth

SHORT-TERM EMPLOYEE’S WRONGFUL DISMISSAL CLAIM FOR YEAR’S WORTH OF REASONABLE NOTICE DENIED

When it comes to termination of employment and wrongful dismissal, the case law in recent years has, to put it mildly, not generally favoured emplo...

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Sep 10, 2020

By Kelsey Orth

Grievor Puts the “X” in “Ex-Employee”: Termination from Job at CRA Upheld by Federal Arbitration Panel

As many employers know, just cause is a difficult standard to meet, regardless of the jurisdiction under which you fall, or the forum in which the ...

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Aug 21, 2020

By Kelsey Orth

Federal Government Extends CERB and Changes EI

On August 20, federal officials announced that the Canada Emergency Response Benefit (CERB) will be extended another four weeks into late September...

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Jul 23, 2020

By Kelsey Orth

Don’t Go Broke with the Wrong Fix: Navigating the World of Fixed-Term Employment Agreements

The employment agreement forms the backbone of any employment relationship; from casual to full-time, seasonal to shift-work, setting out the terms...

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Jun 18, 2020

By Kelsey Orth

Quit or Fired? It All Depends on Context… and Documentation Helps Too!

A common argument that arises between employers and employees is one of “resignation vs dismissal”.  This is especially true where...

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Jun 10, 2020

By Kelsey Orth

Ontario Allows Child-Care Centres to Reopen Friday

On June 9th, 2020 the provincial government announced its plan to reopen child care centres across the province to support Ontario as it enters sta...

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May 19, 2020

By Kelsey Orth

COVID-19 Provincial Update: Ontario Extends Emergency Orders until May 29

The Ontario government has announced that it will be extending all emergency orders that have been put in place to-date under section 7.0.2(4) of t...

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May 14, 2020

By Kelsey Orth

Exclusive Arbitral Jurisdiction Over LTD: Court of Appeal Confirms No Ability To Sue For Disability Where A Collective Agreement Governs Benefits

In workplaces governed by a Collective Agreement, the Agreement reigns supreme.  Any and all terms and conditions of employment are either dir...

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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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