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Dec 19, 2013

By Mike MacLellan

Pension Benefits Cannot be Deducted from Employee Entitlements on Termination

Last week the Supreme Court of Canada delivered a ruling to clarify what has been an unsettled issue in employment law.  In a wrongful termina...

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Dec 12, 2013

By Kelsey Orth

Ability to Pay, Proper Comparators Key to Interest Arbitration Decision under HLDAA

Interest arbitration under the Hospital Labour Disputes Arbitration Act (“HLDAA”) is a process designed to address outstanding issues w...

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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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Dec 9, 2013

By Jay Rider

Ask Not What You Can Do for Your Employer But What Your Employer Must Do for You!

This is the message being sent to the labour relations community by arbitrator Lyle Kanee in a very recent award (re Communications, Energy and Pap...

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Dec 5, 2013

Court prohibits “forum shopping” by terminated employee, dismisses wrongful dismissal claim

The Employment Standards Act, 2000 (the “Act”) provides a mechanism through which employees may file employment standards complaints wi...

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Nov 28, 2013

$450,000.00 Punitive Damage Award – A Cautionary Tale for Employers

After a winding ride through our court system the case of Pate v. Galway-Cavendish has most recently received attention from our Court of Appeal wh...

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Nov 21, 2013

By Susan Crawford

’Tis the Season - What Employers Need to Know Before Hosting Holiday Parties

Hosting a holiday party for your employees is a great way to thank them for their hard work throughout the year. However, holiday parties that get ...

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Nov 14, 2013

Bill 105, the Supporting Small Businesses Act, Passes Second Reading

Bill 105, or the Supporting Small Businesses Act, recently passed a second reading after debate in the Ontario Legislature. The purpose of Bil...

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Nov 7, 2013

OCA Upholds Restrictive Termination Clause for Senior Level Employee

Many employers who seek to limit their liability upon termination of an employee introduce termination clauses that strictly limit an employee&rsqu...

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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 24, 2013

MOL Inspection Blitz - Retail Employers Beware

The Government of Ontario is spending $3 Million to double the number of inspectors and double the number of businesses inspected to make sure work...

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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 26, 2013

By Mike MacLellan

Family Caregivers Bill-21 Passes Second Reading in Ontario Legislature

On September 25, 2013, Bill-21 passed second reading in the Ontario Legislature.  The Bill, known as An Act to amend the Employment Standards ...

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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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