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Mar 1, 2024

By Kelsey Orth

ANOTHER CLAUSE BITES THE DUST: Latest decision of the Superior Court strikes down another termination clause

Stop us if you have heard this before: the Ontario court system’s latest decision undermines the enforceability of employment agreements. In ...

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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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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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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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Mar 30, 2023

By Kelsey Orth

Don’t Make Promises You Can’t (Or More Accurately, Don’t Intend To) Keep Or It May Come Back To Bite You In The Bottom (Line)!

I recently spoke at a Lancaster House webinar on the topic of “good faith and honest performance” in the employment context, and the re...

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Feb 23, 2023

By Kelsey Orth

DRAFT POLICY RELEASED BY WSIB IN RELATION TO COMMUNICABLE DISEASES

There is no doubt that the COVID-19 Pandemic has had an enormous effect on not just individual employers, but on the very system of employment in C...

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Jan 19, 2023

By Kelsey Orth

Ignore Workplace Complaints At Your Own Peril: Employer Pays Dearly For Supervisor’s Abuse in Constructive Dismissal Claim

We often use this space to highlight what employers should do.  However, this week’s blog is about as clear-cut an example of what not t...

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Dec 1, 2022

By Kelsey Orth

Bill 124 No More: Ontario Superior Court of Justice Strikes Down Act That Imposed 3-Year Moderation Period

Moderation in all things – a familiar idiom dating back millennia even, but one that Ontario’s Superior Court of Justice has decreed sh...

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Oct 27, 2022

By Kelsey Orth

It’s Not Exactly Schrödinger's Cat, But Human Rights Tribunal of Ontario Says You Can Be In Two Places At Once

There are various aspects of operating a unionized business that are common to all such employers, chief among which are: All unionized employ...

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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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