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Oct 5, 2017

No “Double Dipping” Where Trial Judge Awarded Moral Damages for Bad Faith Dismissal and Damages Based on Sexual Harassment

Charitable Donation - Algoma University Business Case Competition - Feb. 18, 2015 (00103142.DOCX;1) In Doyle v. Zochem the Ontario Court of Appeal ...

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Sep 28, 2017

By Susan Crawford

Court of Appeal Overturns Jail Time for Directors on Guilty Plea for OHSA Violations

Karen Fields of CCPartners was recently successful in an appeal on behalf of R. v. New Mex Canada Inc., B. Purba and R. Saini, in which fines from ...

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Sep 21, 2017

Employers - Be Cautious When Dismissing Employees Where Ulterior Motives Involving Union Politics May Taint a Harassment Complaint

In a recent decision, Arbitrator Slotnick commended the employer for taking a hard line against sexual harassment but also criticized the employer ...

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Sep 14, 2017

Back to Work: Liberals continue to Push Ahead with Bill 148

This past Monday it was back to work for the Ontario Government as the legislature resumed session. Over the course of the summer there had been co...

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Sep 7, 2017

The WSIB Discriminates Against Worker with Mental Health Issues

Affidavit of Service - KS - Feb. 20, 2014 (00063240.DOC;1) Affidavit of Service - KS - Feb. 20, 2014 (00063240.DOC;1) In a recent unique case bef...

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Aug 30, 2017

By Susan Crawford

Ontario’s Highest Court Upholds Just Cause Dismissal for Long Service Employee

It is fair to say that dismissals for “cause” (where no notice obligations are required by the employer as a result of the employee&rsq...

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Aug 24, 2017

By Mike MacLellan

Believe Me, Ontario Court Upholds Termination for Dishonesty

Employers are sometimes surprised to learn that they do not necessarily have just cause to terminate a dishonest employee.  It is true that em...

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Aug 17, 2017

By Kelsey Orth

BYE-BYE BIRD[IE]? NOT SO FAST, SAYS FEDERAL COURT: Dismissal of Principal may still be unjust despite Adjudicator’s findings of misconduct

You may recall a recent article by Angela Wiggins regarding the remedy of reinstatement for federal employees under the unjust dismissal provision ...

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Aug 10, 2017

Court of Appeal Rules that Just Because Your Contract is Breached, it Doesn’t Mean you were Fired

A recent decision of the Ontario Court of Appeal stands as a reminder to employees that not all breaches of contract by the employer are sufficient...

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Aug 3, 2017

It’s Not Too Late To Say Sorry: BC Labour Relations Board Reinstates (Eventually) Remorseful Nurse Terminated for Privacy Breach

Privacy issues in employment are gaining more and more attention these days, particularly in the health care sector.  The importance of privac...

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Jul 27, 2017

Treatment of sexually harassed employee grossly insensitive but Damages claimed were grossly excessive

To Ferraro - July 22, 2013 (00028655.DOCX;1) In the recent decision of Colistro v. Tybatel, 2017 ONSC 2731, the Ontario Superior Court of Justice p...

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Jul 20, 2017

By Mike MacLellan

BC Court of Appeal overturns Trial Judge’s Aggravating Aggravated Damages Award

We can virtually guarantee you that a plaintiff’s wrongful dismissal claim WILL allege that the employee is entitled to aggravated damages.&n...

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Jul 13, 2017

By Kelsey Orth

We Like Your Styles, Alberta Court of Appeal: No Good “Bhasin” for Ignoring Employer’s Bonus Language Upon Termination

You will recall that, in May of this year, CCP’s own Susan Crawford was successful at the Ontario Court of Appeal, when that court upheld the...

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Jul 6, 2017

Ontario Court Upholds Termination Provision – Confirms Favourable Shift in Employment Agreement Interpretation for Employers

As we all know, there have been a number of court decisions in recent years which have found termination provisions in employment agreements to be ...

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Jun 29, 2017

Gone and Back Again: A Remedy of Reinstatement for Federal Employees

Federal employers should be aware of the risks in terminating employees under the Canada Labour Code. Unlike employers governed by provincial legis...

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Jun 22, 2017

Supreme Court Upholds Employee Termination and Substance Abuse Disclosure Policy

Employee drug use and on the job intoxication is one of the most difficult issues for employers to tackle, fraught with liability landmines.  ...

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Jun 15, 2017

By Mike MacLellan

Heads Up! Quebec Court Rules that Sikh Workers’ Human Rights were Not Violated by Mandatory Hard Hat Policy

Quebec Superior Court Justice André Prévost recently dismissed a claim by three Sikh men against their respective employers for refus...

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Jun 8, 2017

Court Tells Union to Mind its Own Business and Not the Employer’s… (at least sometimes)

Earlier this year the British Columbia Court of Appeal issued a decision that should assist unionized employers dealing with accommodating employee...

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Jun 1, 2017

By Kelsey Orth

New Proposed Labour Legislation is a “No Wynne” for Employers

Earlier this week the Ontario government announced that controversial changes to the province’s labour laws were on the horizon.  While ...

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May 25, 2017

When Can an Employer Ask For A Second Medical Opinion When Accommodating A Disability? Ontario’s Divisional Court Weighs In

By now we all know that an employer has a duty to accommodate an employee with a disability to the point of undue hardship. However, we also know t...

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