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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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Apr 5, 2018

Ontario Divisional Court Confirms Employer Cannot Provide Working Notice of Termination to Employee on Disability Leave

One question we often get from employers is whether they can provide working notice of termination to an employee who is on an approved leave. More...

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Jan 4, 2018

2017 In Review: A Look Back At The Top Cases And Key Legislative Changes That Impacted Your Workplace

With major legislative amendments made to the Employment Standards Act, Labour Relations Act, Occupational Health and Safety Act, Workplace Safety ...

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Nov 2, 2017

Secret Recordings Condemned By Court in Wrongful Dismissal Case

Employment lawyers always stress the importance of documentation in employee matters. With the increasing use of technology both employers and empl...

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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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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 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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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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Apr 20, 2017

By Kelsey Orth

Harassment Will (literally) Cost You: Superior Court Decision Affirms Separate Tort of Harassment

In Ontario, the introduction of “Bill 168” – or, more accurately, its subsequent coming into force – ushered in a new era i...

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Apr 13, 2017

Timing Is Everything: Court Strikes Wrongful Dismissal Action for Delay – Action Brought Only Nine Months after Employee’s Last Day

Pursuant to Ontario’s Limitations Act, the limitation period, or time limit, for bringing a wrongful dismissal action in Ontario is two years...

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Apr 6, 2017

It’s so Hard to Say Goodbye - Employers should be Cautious if Terminating a Probationary Employee

Many employers use a probationary period with new employees to assess whether or not a new hire is a good fit for their organization. When an emplo...

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