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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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Jul 21, 2022

By Charles Binns

Arbitrator Upholds Creed-Based Exemption from COVID-19 Vaccination Requirement

The steady stream of COVID-19 vaccination continues to flow, with an Arbitrator in Ontario recently breaking with convention and finding a creed-ba...

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Jun 30, 2022

By Khushi Dave

Arbitrator Rules Employer’s Two-Dose COVID Vaccine Requirement Not Reasonable (Anymore…)

In what appears to be a significant departure from recent arbitral decisions, an employer’s COVID-19 vaccination policy has been deemed unrea...

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Jun 24, 2022

By Charles Binns

Federal Government Announces Suspension of Vaccine Mandates for Some Federally Regulated Workplaces: What Does This Mean for Your Business?

On the heels of the Federal government’s recent announcement to suspend vaccination requirements for domestic and outbound travel, federally ...

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Jun 16, 2022

By Jacob Love

Court of Appeal: Subjective Considerations Cannot Override the Plain Language of a Termination Provision

In a decision released on June 8, 2022, the Court of Appeal for Ontario overturned the motion judge’s decision in Rahman v. Cannon Design Arc...

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Jun 2, 2022

By Danielle Jager

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 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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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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May 12, 2022

By Danielle Jager

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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May 5, 2022

Does a Dismissal During the COVID-19 Pandemic Always Extend Notice Periods?

According to recent case law, employment professionals might argue that terminating someone’s employment during the COVID-19 pandemic will au...

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Apr 28, 2022

By Charles Binns

Two Wrongs Don’t Make A Right: Cautionary Tale for Employers Delivered by Ontario Court of Appeal in Sexual Harassment Dismissal Case

Two wrongs don’t make a right.  That is the message from the Ontario Court of Appeal in its recent decision in Render v ThyssenKrupp Ele...

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Apr 14, 2022

By Danielle Jager

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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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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Mar 31, 2022

By Danielle Jager

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 24, 2022

26 Month Wrongful Dismissal Notice Period Upheld by Ontario Court of Appeal

Understanding and appreciating the extent of an employer’s liability when it is required to terminate a worker’s employment can be a ch...

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Mar 17, 2022

By Danielle Jager

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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Mar 10, 2022

Court Confirms Advanced Age and Short Service Does Not Automatically Equate to Lengthy Notice Period

A recent pair of Ontario Superior Court decisions offered interesting insight on the determination of reasonable notice when faced with widely cons...

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Mar 3, 2022

By Charles Binns

Ontario Court Confirms No Retroactive Application of Employment Standards Act Ban on Non-Competition Clauses

Last week we were able to share some much-needed ministry guidance on the Working for Workers Act (the “Act”), which introduced amendme...

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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 17, 2022

By Danielle Jager

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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