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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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Oct 17, 2013

By Mike MacLellan

Federal Court of Appeal Clarifies Employment Insurance Act: No Double Recovery for Having Twins

On June 27, 2013 the Supreme Court of Canada refused to grant leave to appeal a decision by the Federal Court of Appeal which held that a couple ca...

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Oct 10, 2013

Constructively Dismissed Employee Ordered to Pay Employer $57,500.00 for Failure to Accept Re-Employment

On June 27, 2013 we blogged about the Ontario Superior Court’s decision in Chevalier v. Active Tire & Auto Centre Inc., where the Court f...

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Oct 3, 2013

Restrictive Covenants – Context Matters!

Payette v. Guay Inc. is the latest decision from our highest court regarding the enforceability of restrictive covenants.   The unanimous...

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Sep 18, 2013

Bankruptcy May be a Consideration in Setting Corporate Fine under Former Bill C-45 According to Top Court in Ontario $750,000 Fine Imposed

In the first appellate decision relating to the sentencing of a corporate defendant under the Criminal Code (formerly Bill C45), R. v. Metron Const...

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Sep 12, 2013

Employee to be Reinstated Based on Post-Discharge Evidence of Mental Illness Unknown to Employer at Time of Termination, Arbitrator Rules

In a recent decision, an Ontario arbitrator has reinstated an employee who was terminated for prolonged absenteeism pursuant to his collective agre...

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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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Aug 29, 2013

Has the Ontario Human Rights Tribunal Broadened Employer Liability?

In a trio of decisions from the Human Rights Tribunal of Ontario, released in the past 5 months, the Tribunal may have signaled a significant chang...

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Aug 22, 2013

By Mike MacLellan

The Value of a Well-Crafted Settlement Document - Journalist Ordered to Repay Former Employer for Violating Confidentiality Clause

One of the most useful tools in resolving any work-related legal dispute is a well-crafted settlement document.  Naturally, an employer may be...

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Aug 15, 2013

By Susan Crawford

Federal Court Says Employer Need Not Prove “Just Cause” Before Dismissing an Employee under s.240 of the Canada Labour Code

In what is being hailed throughout the labour community as a “game changing” decision, the Federal Court  recently broke with a 30...

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Jul 11, 2013

Arbitrator Determines that Accommodation Does Not Require Hiring Additional Staff to Perform Work of Disabled Employee

The recent arbitral decision in Hamilton Health Sciences v. Ontario Nurses’ Association, 2013 CanLII 36061 (ON LA) deals with the limits of r...

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Jul 4, 2013

By Mike MacLellan

Compliance with Temporary Layoff Provisions of the Employment Standards Act, 2000: Ontario Court May Signal a Shift in the Law of Constructive Dismissal

When an employer is facing tough financial times they may decide to implement temporary layoffs of some employees until the business can get back o...

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Jun 27, 2013

By Kelsey Orth

Constructively Dismissed Employees still Required to Mitigate

Since the Supreme Court’s decision in Evans v. Teamsters Local Union Local No. 31, the law of constructive dismissal in Canada has, in most c...

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Jun 20, 2013

Finding of Discrimination Could be Based on A Prohibited Ground As a Factor, Not a Cause for Discrimination

On March 22, 2012 we blogged about the Divisional Court’s decision in Peel Law Association v. Pieters, where the Divisional Court overturned ...

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Jun 13, 2013

Implementing and Revisiting Code of Conduct enables Canadian Bank to Dismiss 26 year Employee with Cause

Lodovico Cavan v. Royal Bank of Canada demonstrates the benefit of using appropriately drafted employment policies and consistently applied pr...

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May 30, 2013

Ontario’s Divisional Court Overturns Decision to Reinstate Employee who Sexually Harassed Co-Workers

An Ontario court recently overturned a labour arbitration award that reinstated an employee who sexually harassed two co-workers. The employee (&ld...

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May 23, 2013

By Mike MacLellan

Arbitrator Refuses to Reinstate Grievor even after Finding of Unjust Dismissal

One element of unionized employment which distinguishes it from typical individual employment is that the normal remedy for a union member who is u...

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May 16, 2013

By Kelsey Orth

B.C. Court takes Objective Look at Employer’s Reorganization in Denying Constructive Dismissal Claim

In recent years the doctrine of constructive dismissal – a type of wrongful dismissal whereby the employee claims the employer has fundamenta...

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Apr 25, 2013

Health and Safety Related Misconduct Justifies the Discharge of 37-Year Employee

In the recent arbitration decision of Tonolli Canada Limited v. United Steelworkers, and its Local 9042, Arbitrator G. T. Surdykowski upheld the ju...

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