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Apr 4, 2013

By Kelsey Orth

Written Notice of Termination for Employees off Work still Satisfies ESA Requirements

A recent decision of Arbitrator Randy Levinson found that the Employment Standards Act, 2000 (“ESA”) does not require an employer to pa...

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Mar 27, 2013

By Mike MacLellan

Ontario Court of Appeal Upholds Summary Judgment Motion to Stay Payment of Wrongful Dismissal Damages

In the recent decision of Hinke v. Thermal Energy International Inc., 2012 ONCA 635 (2012 ONCA 635 (CanLII)) Ontario’s Court of Appeal reiter...

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Mar 21, 2013

Minister of Labour Re-tables Leave Act

Three New Job-Related Leaves Expected to be Passed in Short Order On March 5, 2013, Bill 21: The Employment Standards Amendment Act (Leaves to Help...

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Mar 14, 2013

Court of Appeal Provides Direction on the Enforceability of Restrictive Covenants

In a recent decision, the Ontario Court of Appeal held that non-competition and non-solicitation covenants were unreasonable and went beyond the sc...

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Mar 7, 2013

Employee’s Facebook Updates Breach Confidential Minutes of Settlement

Tremblay v. 1168531 Ontario Inc. is yet another example of an employee paying the price for foolish use of social media. Facts The employee reached...

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Feb 28, 2013

By Susan Crawford

Serious Safety Violation Not Enough to Justify Just Cause Dismissal Says Ontario Court of Appeal

Mr. Plester, a supervisor with 17 years’ service at PolyOne Canada Inc., committed a serious safety infraction by not locking out a machine h...

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Feb 21, 2013

Employers Must Accommodate Employees with Family Obligations, Federal Court Rules

In what could prove to be a landmark decision, the Federal Court recently upheld a Canadian Human Rights Tribunal decision which held that the Cana...

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Feb 14, 2013

Pension Fund Crisis in Canada Averted? Supreme Court of Canada Releases Decision in Indalex

Sun Indalex Finance, LLC v. United Steelworkers represents the most recent example of the growing number of clashes over pension security, the resu...

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Feb 11, 2013

"Sometimes a Swimming Pool is Just a Swimming Pool" - Court of Appeal Overturns Blue Mountain Decision

In December 2007 a guest at the Blue Mountain Resort died while swimming in the unattended indoor pool.  Blue Mountain did not file a notice u...

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Feb 7, 2013

Tattoos No Longer Confined to Sailors and Inmates - Now They Can Also Be Visible on Hospital Workers, Arbitrator Rules

In a recent decision, a labour arbitrator found that a hospital’s policy of employees having to cover up tattoos and hide body piercing was u...

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Jan 31, 2013

By Kelsey Orth

New Accessibility Toolkit Available for Employers Dealing with AODA's Integrated Accessibility Standard

As all employers (should) know, the employment aspects of Ontario’s Integrated Accessibility Standard will start to take effect for large pub...

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Jan 24, 2013

Employees Cannot Make Personal Claims Against Management where Employment Contract Precludes any Claims other than Negotiated Contractual Notice Periods

A limitation of liability clause in an employment agreement may protect an employee from personal liability even though the employee is not a party...

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Jan 17, 2013

By Rob Boswell

Mandatory WSIB Coverage for all who Work in Construction

As of January 1, 2013, the amendments to the Workplace Safety and Insurance Act, 1997 as a result of Bill 119 are in force.  As we wrote in ou...

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Jan 10, 2013

By David Chondon

Termination and Raid Applications during the “Open Period” in the Construction Industry - the “Open Period” is Coming!

In Ontario many construction industry collective agreement negotiations take place every three years. On April 30th of this year, collective agreem...

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Jan 3, 2013

Ontario Court determines that plain meaning of Contractual Language is best indicator of Parties' Intentions

The Ontario Superior Court of Justice recently confirmed that the plain meaning of language in employment contracts will likely be relied on by the...

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