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Sep 1, 2021

By Charles Binns

CURRENT VACCINE POLICY MANDATES IN ONTARIO

As we blogged about previously, the Ontario and Federal governments have begun to make COVID-19 vaccination policies mandatory in certain workplace...

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Aug 24, 2021

By Rob Boswell

Morningstar Rises Again. Ontario Divisional Court quashes WSIAT decision.

In November 2019, I reviewed a landmark decision of the WSIAT (Decision No. 1227/19) that, on an application by the employer to determine the right...

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Aug 17, 2021

By Danielle Jager

Breaking News: Ontario Government to Require COVID-19 Vaccination Policies in High-Risk Workplaces

On Tuesday, August 17th, the Ford government announced that it is taking action to protect our most vulnerable community members from COVID-19 by r...

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Aug 16, 2021

No Common Law Duty to Investigate Prior to For Cause Termination

The Court of Appeal of Manitoba recently confirmed that there is no common law duty on an employer to investigate prior to terminating an employee ...

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Aug 13, 2021

By Mike MacLellan

BREAKING: COVID-19 Vaccine Mandate Coming to Federal Workplaces

In the afternoon of August 13, 2021 Canada’s Transport Minister Omar Alghabra announced that the federal government would require all public ...

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Aug 4, 2021

COURT AWARDS SHORT SERVICE EMPLOYEE SIX MONTHS’ NOTICE DUE TO “INDUCEMENT FACTOR”

In wrongful dismissal matters, the court’s determination of reasonable notice is based on a holistic analysis of the affected employee’...

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Jul 29, 2021

By Kelsey Orth

WE KNOW THE PANDEMIC HAS MADE EVERY DAY FEEL LIKE A YEAR, BUT COME ON! BC PROVINCIAL COURT AWARDS 3 MONTHS’ NOTICE TO 3-DAY EMPLOYEE.

Many are familiar with the general idea that, when it comes to reasonable notice, one month per year of service is the usual starting point.  ...

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Jul 22, 2021

By Charles Binns

ONTARIO COURT LIMITS ENTITLEMENT TO COMMISSIONS AND BONUSES PAYABLE BEYOND EXPIRY OF NOTICE PERIOD

Compensation arrangements can vary drastically from sector to sector and even within businesses. This is particularly the case in sales positions w...

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Jul 15, 2021

By Mike MacLellan

No Parking: Hotel Valet’s Termination for Unauthorized Parking Upheld by Arbitrator

In 2016 it cost $35.00 to park at a luxurious Toronto hotel for an “evening function” and $53.00 for overnight parking.  So when I...

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Jul 7, 2021

Resignation, Termination, or Repudiation? Employee’s Conduct Found to be Incompatible with Continued Employment

In an earlier blog post, we wrote about an Ontario decision in which the defendant employer’s conduct repudiated what otherwise might have be...

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Jun 30, 2021

New OHSA Regulations to Streamline Reporting

The Province of Ontario has passed new Regulations to streamline reporting requirements under the Occupational Health and Safety Act (OHSA) which w...

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Jun 29, 2021

Ontario Court Once Again Weighs-in on IDEL vs. Constructive Dismissal Debate

Less than three weeks ago, the Employers’ Edge blog wrote about the recent decision in Taylor v. Hanley Hospitality Inc., where the Ontario S...

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Jun 24, 2021

By Kelsey Orth

ONTARIO: THERE’S NO PLACE LIKE HOME…UNLESS YOU ARE CALCULATING ESA SEVERANCE PAY!

In a decision that seems – at first blush – counterintuitive, Ontario’s Divisional Court recently decided that the severance prov...

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Jun 16, 2021

By Charles Binns

CONSTRUCTION EMPLOYER’S COVID-19 TESTING POLICY UPHELD AS REASONABLE

Employers can implement COVID-19 testing as a condition of accessing the workplace in appropriate circumstances according to a recent decision from...

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Jun 9, 2021

By Mike MacLellan

IDEL is NOT a Layoff or Constructive Dismissal: Ontario Court Changes Course

The COVID-19 pandemic has obviously impacted and impeded the way in which businesses can operate.  More specifically, through various lockdown...

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Jun 8, 2021

British Columbia Court Rules CERB Payments Deductible in Damage Calculations for Constructive Dismissal

Following Iriotakis v. Peninsula Employment Services Limited, 2021 ONSC 998, a decision we wrote about in March, the Supreme Court of British Colum...

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Jun 7, 2021

COVID-19 UPDATE: ONTARIO EXTENDS INFECTIOUS DISEASE EMERGENCY LEAVE

The government of Ontario has passed a regulation under the Employment Standards Act, 2000 (“ESA”) extending the Infectious Disease Eme...

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Jun 3, 2021

Stay-At-Home Order Expired but Restrictions Still Apply

On June 2, 2021 Ontario’s Stay-At-Home order expired, signaling a small beacon of hope to the end of the pandemic for a province facing sever...

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Jun 3, 2021

By Jay Rider

NO PROOF (OF VACCINATION) NO PAY – ARBITRATOR CONFIRMS EMPLOYER’S RIGHT TO PLACE EMPLOYEE ON UNPAID LEAVE PENDING PROOF OF VACCINATION FOLLOWING WORKPLACE EXPOSURE

An Alberta arbitrator recently determined that the Alberta Health Services (AHS) was not in violation of the law when it held a nurse out of work w...

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Jun 1, 2021

ONTARIO MANDATES VACCINATION AND VACCINE POLICIES IN LONG-TERM CARE HOMES

Ontario announced on May 31, 2021 that staff at long-term-care homes across Ontario will have to either prove they’ve had a COVID-19 vaccine,...

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