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Sep 3, 2015

A Reckless Disregard for Safety is Cause for Termination

A recent Ontario arbitration decision has illustrated that a serious workplace safety incident can lead to termination. While the appropriateness o...

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Aug 13, 2015

The Ontario Registered Pension Plan – An Employer, Employee, and Election Issue

The Ontario Liberal Government has begun to unveil new details of the Ontario Registered Pension Plan (“ORPP”) – a plan that may ...

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Jul 10, 2015

Actually You Weren’t Fired! Court Rules Long-Term Employee Should Have Accepted New Role

A recent decision of the Ontario Superior Court of Justice has reinforced an employer’s ability to re-organize work flow and adjust employee ...

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Jun 4, 2015

Inappropriate Sexual Conduct at Social Work Events – Are Employers Liable?

This is the question that K.L. v. 1163957799 Quebec Inc., 2015 ONSC 2417 hopes to answer. In the summer of 2013 Calypso Theme Park (“Cal...

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Mar 19, 2015

“It’s Never Okay” - Ontario Government takes firm stance to end sexual harassment and violence

In Ontario, all employers must take steps to prevent and react to harassment and violence in the workplace. Part III.0.1 of the Occupational Health...

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Feb 26, 2015

ESA Wage Recovery Reforms Take Effect – Removal of Cap and Extension of Recovery Window for Employee Claims

The sweeping changes brought on by The Stronger Workplaces for a Stronger Economy Act, 2014 (formerly Bill 18) have begun to take effect. The Act r...

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Feb 5, 2015

Federal Court of Appeal Upholds Without Cause Dismissal under the Canada Labour Code

Federally-regulated employees may be dismissed on a without cause basis under the Canada Labour Code (the “Code”). This was the conclus...

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Jan 8, 2015

Dismissal Upheld after Sexual Threats over Facebook

As one of the seminal decisions of 2014, USW and Tenaris Algoma Tubes Inc. raised the issues of off-duty conduct, sexual harassment / threats and s...

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Nov 13, 2014

Bill 18 Passes 3rd Reading – Poised to revamp various Employment and Labour Legislation

On December 12, 2013 CCPartners released a blog explaining the major changes to employment and labour legislation proposed in Bill 146 - Stron...

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Oct 30, 2014

Amendments to the Canada Labour Code respecting Occupational Health and Safety

On December 12, 2013 Bill C-4 “Economic Action Plan 2013 Act No. 2” received royal assent from the Parliament of Canada. The very lengt...

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Sep 4, 2014

Employers Can Contract Out of Post-Termination Bonus Obligations

One of the most hotly contested issues on termination is whether an employee is entitled to a bonus that would have been payable at a later date. O...

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Jun 12, 2014

Wrongful Dismissal Notice Periods – Superior Courts do not set Precedents

In the recent decision, Kotecha v. Affinia Canada ULC, the Ontario Court of Appeal provided a useful reminder that trial level decisions are not bi...

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Jun 5, 2014

Supreme Court of Canada Decision in Irving Pulp and Paper Followed by Arbitration Board in Recent Policy Grievance

On June 14, 2013, CCP released a blog on the Supreme Court’s decision in the matter of Communications, Energy and Paper Union of Ca...

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Apr 24, 2014

Without Cause Termination is not Necessarily ‘Unjust’ Under the Canada Labour Code

A recent decision has ruled that a valid employment contract can be used as a shield against a claim of unjust dismissal pursuant to the Canada Lab...

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Feb 20, 2014

Supreme Court of Canada Requires Employer to Disclose Personal Employee Information to Union

On February 7, 2014 the Supreme Court released a decision affecting an employer’s obligation to provide personal employee information to an i...

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Jan 9, 2014

OLRB Agrees to Hear Complaints related to Workplace Harassment Policies

Two recent cases at the Ontario Labour Relations Board (OLRB) may represent a new stance with respect to enforcing Bill 168 and the workplace haras...

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Dec 10, 2013

Proposed Bill 146 Significantly Impacts Employers

Bill 146, titled “Stronger Workplaces for a Stronger Economy Act, 2013” was introduced and carried through first reading of the Ontario...

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Oct 31, 2013

Wrongful Dismissal Leads to Human Rights Damages

For the first time, the Ontario Superior Court of Justice has awarded human rights related damages in relation to a wrongful dismissal action. The ...

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Sep 5, 2013

Breaching Confidentiality Clauses – Police Officer Must Return Settlement Award

Further to a recent blog by Michael MacLellan, the following case provides yet another important example of abiding by the terms of a negotiat...

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Jun 28, 2012

Court of Appeal Rules that Employees are NOT Required to Mitigate Damages when an Employment Agreement Provides for a Specified Notice Period

It is well established in Ontario that employment agreements are assumed to include a clause providing for reasonable notice to an employee prior t...

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