Section 7 and the Right to Be Left Alone Outside of Work
Last month, the Supreme Court of Canada granted leave to appeal a judgment of the Federal Court of Appeal that overturned a determination of the Public Service Labour Relations and Employment Board (the “PSLREB”) that not compensating employees for on-call hours violated section 7 of the Canadian Charter of Rights and Freedoms (the “Charter”).
The Supreme Court of Canada to Consider the Applicability of Human Rights Protections
In October 2016, the Supreme Court of Canada (the “Supreme Court”) granted leave to appeal in British Columbia Human Rights Tribunal v. Edward Schrenk (“Schrenk”). The Supreme Court’s determination will likely have significant repercussions as to the scope of human rights protections in workplace settings.
Probationary Employees and the Decision to Terminate
Facts Nagribianko v. Select Wine Merchants Ltd. was a wrongful dismissal action brought in Small Claims Court by the Plaintiff, Alexander Nagribianko (“Mr. Nagribianko”). Mr. Nagribianko signed an employment contract with the defendant, Select Wine Merchants Inc.
Muddying the Waters of Family Status Accommodation
This past year has seen an unsettling of the law surrounding family status discrimination under the Ontario Human Rights Code (the “Code”).
Employer’s Social Media Account Constitutes the Workplace
An Arbitrator recently considered whether an employer’s social media presence could be defined as part of the “workplace” and the attendant employer obligations arising from such a finding in Amalgamated Transit Union, Local 113 v. Toronto Transit Commission (Use of Social Media Grievance).
What Is Not Workplace Harassment
A recent grievance arbitration decision, Fanshawe College of Applied Arts and Technology v. Ontario Public Service Employees Union (“Fanshawe College”), provides valuable guidance to employers on what is – and what is not – considered workplace harassment.
Howard V. Benson Group Highlights the Risks of Fixed-term Employment Agreements
Employers should exercise caution in drafting fixed-term employment agreements, particularly with respect to provisions designed to shorten the term of the agreement. Where a termination provision in a fixed-term employment agreement is rendered unenforceable, the employee may be entitled to wages for the balance of the fixed term, without any reduction for mitigated damages. The […]
Reinstatement Appropriate Many Years After Discriminatory Termination
[vc_row][vc_column width=”1/3″][vc_single_image image=”144″ img_size=”full”][/vc_column][vc_column width=”2/3″][vc_column_text]Hamilton-Wentworth District School Board v. Fair, 2016 ONCA 421 Facts Ms. Sharon Fair started her employment with the Hamilton-Wentworth District School Board (the “School Board”) in 1988.
A Cautionary Tale on Employer Liability
Employers are often taken aback by the contents of Statements of Claim alleging wrongful dismissal, which typically contain a laundry list of demands for various amounts of money
Revisited: Employees Receiving Pay in Lieu of Notice Not Necessarily Entitled to Bonus Payout
The Ontario Court of Appeal recently overturned the Superior Court of Justice’s 2015 decisionin Paquette v. TeraGo Networks Inc. regarding an employee’s right to bonus payments