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Sep 16, 2020

By Susan Crawford

Arbitrator Finds Employer’s Blanket Policy Requiring all Employees who Cross US Border to Self-Isolate Unreasonable

In a recent Ontario arbitration decision, Arbitrator Jesin considered the reasonableness of Algoma Steel’s policy to require all employees wh...

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Aug 20, 2020

By Susan Crawford

Recent Court of Appeal Decision Weighs In on Reasonable Notice Periods following an Asset Sale

In Manthadi v. ASCO Manufacturing the Ontario Court of Appeal overturned the lower court’s summary judgment decision finding that the motions...

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Apr 14, 2020

By Jacob Love

Tele/Video Hearings in Ontario during the COVID-19 Pandemic

The COVID-19 global pandemic has significantly changed how Ontario courts and administrative tribunals operate. In response to the pandemic, these ...

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Apr 2, 2020

“Get to the Working Overtime Part!”: Ontario Court Rules against Employer in Class Action for Unpaid Overtime

After over a decade of litigation, an Ontario court has ruled that the Canadian Imperial Bank of Commerce (“CIBC”) breached its overtim...

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Feb 19, 2020

YOU DON’T HAVE TO GO HOME, BUT YOU CAN’T WORK HERE: DIVISIONAL COURT UPHOLDS LAYOFF OF EMPLOYEE WHO WAS BANNED FROM THIRD PARTY WORKSITE

Employment relationships can be difficult to manage on their own, but often become more complicated where they engage the interests of third partie...

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Feb 13, 2020

By Jacob Love

COURT FINDS EMPLOYER HAD CAUSE TO TERMINATE AN EMPLOYEE FOR SEXUALLY ASSAULTING A CO-WORKER

Last week Mike MacLellan blogged on a case where a unionized employee was terminated for sexually harassing another employee. This week we’re...

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Jan 29, 2020

By Kelsey Orth

MORE BAD MEDICINE FOR EMPLOYERS: DIVISIONAL COURT OVERTURNS DISIMISSAL OF DRUG-ADDICTED THIEVING NURSE

You may remember reading about the case of the nurse at Cambridge Memorial Hospital whose 28-year career was cut short when Arbitrator Dana Randall...

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Jan 15, 2020

By Jacob Love

FEDERAL COURT CLARIFIES THAT REINSTATEMENT IS NOT THE “STANDARD” REMEDY IN ALL UNJUST DISMISSAL CASES

As many of our readers are aware, adjudicators have an array of options under the Canada Labour Code (CLC) to remedy an unjust dismissal. Of these ...

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Oct 31, 2019

Ontario Court of Appeal Clarifies Dependent Contractor Status

As our regular readers are likely well aware, the mischaracterization of workers has become a growing issue of concern for Canadian employers. The ...

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Sep 5, 2019

Canada Labour Code Amendments in Force September 1st

The Canada Labour Code is the employment and labour legislation that applies to federal works, undertakings, and businesses. While m...

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Aug 15, 2019

EI Officer’s Ruling Prevents Misconduct Allegations in Unjust Dismissal Hearing

As many employers are aware, it can be an uphill battle to uphold a dismissal for just cause. A recent ruling under the Canada Labour Code (the &ld...

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Jun 13, 2019

By Mike MacLellan

Let’s Make a Deal…Unless the Law Won’t Allow It! Ontario Court of Appeal Reiterates that Employers Cannot Contract Out of the Employment Standards Act

Here are two things I want you to know before you even start reading this blog: Subsection 5(1) of Ontario’s Employment Standards Act (&ldqu...

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Jun 6, 2019

By Kelsey Orth

If You Don’t Have Anything Nice To Say About Your Employer, Don’t Say Anything At All… Especially If It Isn’t True!

We have all heard the story: the disgruntled former employee badmouthing the company he or she used to work for to anyone who will listen.  Ho...

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May 30, 2019

Getting Off? Get Out! Arbitrator Upholds Just Cause Termination for Masturbating at Work

As our regular readers are likely well aware, unionized employers are held to a high threshold when asserting just cause termination. A recent deci...

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May 23, 2019

Recent Court of Appeal Decision Highlights The Risks of Re-Hiring Formerly Terminated Employees

Employers are increasingly aware of their obligations to investigate workplace sexual harassment and provide a workplace free of workplace sexual h...

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Feb 7, 2019

Temporary Layoffs – Why an on again, off again relationship is risky for employers

Businesses regularly experience ups and downs. In some cases the good and bad cycles can be predictable and in some cases a downturn is unexpected....

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Dec 20, 2018

By Mike MacLellan

Bill-148 Style Changes Now Coming to Federal Workplace Legislation: An Overview of Bill C-86

Now that we’re all acquainted with the changes to Ontario’s labour and employment legislation brought by Liberals under Bill 14...

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Dec 6, 2018

Frustration is not Just Cause for Termination under the Canada Labour Code

As you may know, federal employers require just cause to terminate non-union and non-management employees. Recently in Lewis v Whiteline Trucking L...

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