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Feb 25, 2016

A Cautionary Tale of the Extent of the Duty to Accommodate when Employees Make Bad Work Neighbours

A recent case heard by the Public Service Labour Relations Board provided a reminder to employers that the duty to accommodate is not always sati...

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Feb 22, 2016

By Rob Boswell

Presumptive WSIB Entitlement for First Responders with PTSD

On February 18th, following the leads of Alberta and Manitoba, the Government of Ontario introduced Bill 163 – Supporting Ontario’s Fir...

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Feb 18, 2016

Avoiding the Word “Severance” Doesn’t Mean You Didn’t Receive it

A recent decision from the Court of Appeal for BC has exhibited some rarely seen leniency towards employers when drafting termination agreements. T...

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Feb 11, 2016

By Susan Crawford

Is Your Organization Prepared for a Workplace Investigation? The Stakes Have Never Been Higher

There is perhaps no better time to be talking about workplace investigations as high profile cases of sexual harassment and poisoned work environme...

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Feb 5, 2016

By Kelsey Orth

When Is A Contractor Not A Contractor? The Answer Can Be Costly For Employers

In Ontario the issue of employment status is analyzed by different criteria depending on the particular legislative context: for example, there are...

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Jan 28, 2016

The ORPP: Wynne Promises 100 Years of Sustainability – Employers Brace for Century of Suffering

On August 13, 2015 we released a blog outlining the initial details of Premier Wynne’s plan to unveil the new Ontario Retirement Pension Pla...

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Jan 14, 2016

By Susan Crawford

Project Manager Gets 3.5 Year Prison Term for Workplace Negligence

  In the past we have reported on the Metron matter where, on December 24, 2009, six workers entered a faulty swing stage to repair balconies ...

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Jan 7, 2016

BE PREPARED, EMPLOYERS - THE CONSTRUCTION INDUSTRY “OPEN PERIOD” IS COMING!

Termination and Raid Applications During the 2016 “Open Period” in the Construction Industry In Ontario many construction industry coll...

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Dec 10, 2015

By Mike MacLellan

Vancouver Church May Need Supplementary Collection Plates to Pay Damages to Wrongfully-Dismissed Pastor

Here’s something you probably didn’t expect: the British Columbia Supreme Court has ruled that the Vancouver Chinese Baptist Church owe...

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Nov 26, 2015

That’s Just Too Much! B.C.’s Supreme Court Finds Human Rights Tribunal’s $75,000 Damage Award to be “Patently Unreasonable”

British Columbia’s Supreme Court recently overturned a damage award in one of the most noteworthy Human Rights decisions of 2014. In tha...

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Nov 18, 2015

Making the Right Choice: Should you be applying Federal or Provincial Law?

Employers know that there are labour and employment laws that they must apply when conducting business – understanding what set of laws shoul...

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Nov 11, 2015

“It’s Never Okay” – Ontario’s Legislative Crackdown on Sexual Violence and Harassment Passes First Reading

In March of this year the Ontario government published a 40 page Action Plan to combat sexual violence and harassment in both our workplaces and co...

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Nov 5, 2015

By Susan Crawford

Tis the Season to Get Sued – Employers Beware of Holiday Party Liability

Hosting a holiday party is a great way to thank your employees for their hard work and to celebrate your company’s successes in the last year...

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Oct 29, 2015

By Mike MacLellan

Court Just Says “No”: Employer did not Discriminate when it Terminated Employee Addicted to Cocaine

Recent case law has reflected changing attitudes toward and evolving understanding of drug dependence in the workplace.  For examples, drug de...

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Oct 22, 2015

By Kelsey Orth

Know When to Fold ‘Em: Court Calls Employer’s Bluff on Mitigation

Ever since the Supreme Court’s ruling in the now-famous (at least in employment circles) Evans v. Teamsters case, employers have had a new &l...

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Oct 15, 2015

Responding to Employee Complaints: the Requirements of Employer Investigations

In any workplace, it is possible, if not likely, that people will not always get along. When employee incidents happen and complaints are made, it ...

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Oct 8, 2015

AODA – New Deadlines are Fast Approaching, and so is a Compliance Audit

As most employers are already aware, the Accessibility for Ontarians with Disabilities Act (“AODA”) was passed in 2005 and br...

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Oct 1, 2015

Here We Go Again: Employer Ordered to Pay $65,250 to Employee Who Did Not Work For Even One Day!

By now we all know that Courts are reluctant to enforce provisions in employment contracts that seek to limit the amount of termination notice prov...

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Sep 24, 2015

One Strike and You Could be Out: The Supreme Court Denies Leave to a Decision Upholding Termination for Cause Based on a Single Incident

Can an employer terminate an employee with just cause for a single incident which breaches the trust fundamental to an employment relationship? The...

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