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May 21, 2024

By Mike MacLellan

Ontario Court of Appeal Deems Employment Contract Frustrated When Employee Refused COVID-19 Vaccination

An employment contract can become “frustrated” when a supervening event that was not anticipated by the parties to the contract makes p...

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Apr 11, 2024

By Mike MacLellan

Ontario’s Divisional Court Overturns Arbitrator’s Unreasonable Decision in Workplace Sexual Harassment Case

A concerning arbitration decision has been quashed on judicial review. Five Metrolinx employees had their employment terminated in 2021.  The ...

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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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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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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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Apr 20, 2023

By Mike MacLellan

A Costly Lesson: Human Rights Tribunal Issues Large Damages Award Against Employer in Breach of Human Rights Code

In Matheus v McCann, the Human Rights Tribunal of Ontario heard an application alleging discrimination in employment on the bases of race, ancestry...

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Mar 9, 2023

By Mike MacLellan

Ontario Court Upholds Dismissal where Employee Refused to Comply with Third Party Vaccine Mandate

We have been blogging a lot about how COVID-19 vaccine mandates have impacted workplace law, and now we can add one more context to our catalogue.&...

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Feb 2, 2023

By Mike MacLellan

BC Employee Claims Wrongful Dismissal – Ends Up Paying Her Employer

In a rare and welcome example of common sense and justice, the British Columbia Civil Resolution Tribunal (“CRT”) has recently decided ...

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Dec 8, 2022

By Mike MacLellan

BREAKING: B.C. Court of Appeal Rules CERB NOT Deducted from Wrongful Dismissal Damages

For the first time, an appeals court in Canada has ruled on what had previously been an uncertain and controversial legal principle – whether...

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Nov 3, 2022

By Mike MacLellan

Another CCPartners Success Story: Employer Properly Terminated Employee’s Employment for Refusing to Undergo Independent Medical Examination

Employers of course have a duty to accommodate their employees’ disabilities to the point of undue hardship, but did you know that an employe...

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Sep 29, 2022

By Mike MacLellan

Ontario Gets a New Minimum Wage on October 1

On October 1, 2022 the lowest allowable hourly rate for most employees in Ontario will increase from $15.00 to $15.50. That’s the headline.&n...

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Aug 11, 2022

By Mike MacLellan

Harassment Investigation Considerations for Hybrid and Remote Workplaces

Workplace bullying and harassment complaints have to be investigated in a manner that is reasonable in the circumstances.  This is a long-esta...

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May 26, 2022

By Mike MacLellan

Provincial Election 2022: What Employers Need to Know

Last year, ahead of the federal election, the Employers’ Edge blog featured an article about employers’ obligations to employees pursua...

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Feb 24, 2022

By Mike MacLellan

Working For Workers Act: Ontario Ministry Provides Needed Guidance

Late last year, CCPartners published an Employers’ Edge overview of the Working for Workers Act, amending Ontario’s Employment Standard...

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Feb 11, 2022

By Mike MacLellan

The Open Period is Coming for Ontario’s Construction Industry! Here is What Employers Need to Know About Union Raids and Decertifications.

By Mike MacLellan and Danielle Jager It’s kind of like the Olympics.  Every three years we get to watch exciting high-stakes battles be...

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Feb 10, 2022

By Mike MacLellan

Right to Terminate Employment in COVID-19 Mandatory Vaccine Policy Struck by Arbitrator

The latest ruling on an employer’s mandatory COVID-19 vaccination policy came on February 7, 2022 from Arbitrator Gail Misra.  The outco...

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Nov 15, 2021

By Mike MacLellan

COVID-19 Vaccine Policies Aren’t a Shot in the Dark: Arbitrator Strikes Down Employer’s Vax Mandate but Provides Guidance

Last week’s Employer’s Edge blog reviewed the first labour arbitration case in Ontario to consider a challenge to an employer’s m...

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Aug 13, 2021

By Mike MacLellan

BREAKING: COVID-19 Vaccine Mandate Coming to Federal Workplaces

In the afternoon of August 13, 2021 Canada’s Transport Minister Omar Alghabra announced that the federal government would require all public ...

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Jul 15, 2021

By Mike MacLellan

No Parking: Hotel Valet’s Termination for Unauthorized Parking Upheld by Arbitrator

In 2016 it cost $35.00 to park at a luxurious Toronto hotel for an “evening function” and $53.00 for overnight parking.  So when I...

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Jun 9, 2021

By Mike MacLellan

IDEL is NOT a Layoff or Constructive Dismissal: Ontario Court Changes Course

The COVID-19 pandemic has obviously impacted and impeded the way in which businesses can operate.  More specifically, through various lockdown...

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