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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 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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Apr 27, 2023

Silence Does Not Speak Louder than Words says Ontario Court of Appeal - Silence in the Face of a Temporary Layoff Does Not Equal Condonation

Recently the Ontario Court of Appeal (“ONCA”) determined that an employee’s silence does not equal a condonation to a temporary l...

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Mar 16, 2023

Time for a Change in your Employment Contracts? What we can learn from the Ontario Court of Appeal’s recent decision on the “Changed Substratum” doctrine

Even when a case is generally not favourable to employers, it can serve as an important reminder to companies to review and update their employment...

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Feb 9, 2023

Federal Court Finds Employees Who Refuse to Follow Vaccination Mandate Not Eligible for Employment Insurance

Recently, the Federal Court (the “Court”) released an encouraging decision for employers as they continue to deal with residual COVID-1...

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Jan 9, 2023

2022 In Review: A Look Back at The Top Cases and Key Legislative Changes That Impacted Your Workplace

2022 was a tumultuous year for employers as they continued to deal with lingering COVID-19 issues. Throughout the year, CCPartners has been there e...

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Dec 13, 2022

Ontario Court of Appeal Affirms Lower Court Decision Not to Grant an Injunction On COVID-19 Vaccination Policy

Recently, the Ontario Court of Appeal (ONCA) released a unanimous decision (here) upholding a lower court’s refusal to grant an injunction ag...

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Nov 24, 2022

Baby, it’s Still COVID Outside: Workplace Holiday Party Tips as We Move Out of the Pandemic

As we continue to return to in-person meetings and events, workplaces can once again look forward to hosting and attending in-person holiday partie...

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Nov 17, 2022

Federal Government Releases Final CLC Regulations Requiring 10 Days of Paid Sick Leave

On November 7, 2022 the Government of Canada released Regulations Amending Certain Regulations Made Under the Canada Labour Code (Medical Leave wit...

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Oct 20, 2022

Employee Awarded $55k in Punitive and Moral Damages: What Lessons Can Employers Pohl from the Case?

A recent decision, Pohl v Hudson Bay Company, 2022 ONSC 5230, offers a few lessons about proper conduct during termination. The decision arose afte...

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Sep 15, 2022

Everybody Loves Raymond: Favourable Decision by Arbitrator Raymond Finds Three-dose Vaccination Policy to be Reasonable

Recently, we saw an arbitrator strike down a two-dose vaccination  policies (FCA Canada Inc. v Unifor, Locals 195, 444, 1285, 2022 CanLII 5291...

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Jun 2, 2022

No Gracias: Ontario Superior Court Justice Awards 5-Month Employee 3-Months Reasonable Notice

Recently in Gracias v Dr David Walt Dentistry, 2022 ONSC 2967 (“Gracias”) Justice Perell delivered a disappointing decision for employe...

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May 12, 2022

Proposed Federal Budget Would Increase Paid Leave Entitlements Under the Canada Labour Code

On December 17, 2021 the federal government passed Bill C-3, An Act to amend the Criminal Code and the Canada Labour Code. Once it comes into effec...

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Apr 14, 2022

Ontario Government Passes the Working for Workers Act, 2022 With Important Changes for Employers

On Monday, April 11, 2022 Bill 88, the Working for Workers Act, 2022 (the ”Act”) received Royal Assent and came into force. The Act is ...

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Mar 31, 2022

Complicit in the Implicit: Labour Board Finds a Termination to be Tainted with Discrimination Due to Implicit Racial Bias in the Workplace

A recent construction industry grievance referral decision from the Ontario Labour Relations Board (the “Board”), Labourers’ Inte...

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Mar 17, 2022

Kicked to the CERB: Judge overturns wrongful dismissal damage award that failed to deduct CERB payments

Recently, the Supreme Court of British Columbia decided another case that considered the impact of the Canada Emergency Response Benefit (CERB) on ...

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Feb 17, 2022

Arbitrator Finds Employee’s False Attestation on COVID Screening as Just Cause for Termination

A recent decision from Arbitrator Eli Gedalof, Johnson Controls Canada v Teamsters Local, Union 419 (Williams Grievance), offers more insight into ...

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Jan 26, 2022

Duty of Fair Representation is Not a Duty to Handhold: OLRB Dismiss Complaint that Union Was Not More Supportive of Decision Not to be Vaccinated

COVID-19 has been rapidly changing the workplace for almost two years now and decisions on vaccination policies continue to be released. CCPartners...

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Jan 5, 2022

2021 IN REVIEW: A LOOK BACK AT THE TOP CASES AND KEY LEGISLATIVE CHANGES THAT IMPACTED YOUR WORKPLACE

No one could have anticipated at the outset of the COVID-19 pandemic in March, 2020 that it would so profoundly affect the workplace for the balanc...

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Oct 27, 2021

NEW LEGISLATION: ONTARIO CREATING A BETTER FUTURE FOR WORKERS

Today, October 25, 2021, the Ontario government is introducing legislation with a goal to better protect, support and attract workers to the provin...

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