Dishonesty You Can’t Come Back from
Employees have an implied duty of faithfulness and honesty to their employers. However, as disconcerting as it is for many employers to learn, dishonesty by an employee is not automatic grounds to terminate one’s employment on a for cause basis.
Fixed-term Contracts Must Be “future-proofed” Too
Termination clauses in employment contracts must be valid at any point in the employment relationship.
Update on Family Status
In another recent case dealing with family status accommodation, the Human Rights Tribunal of Ontario (“HRTO” or the “Tribunal”) has confirmed its departure from the test outlined in Canada (Attorney General) v Johnstone [“Johnstone”] in favour of the approach adopted in Devaney v ZRV Holdings Limited [“Devaney”]. The HRTO indicated
Lawsuit Tackles Denial of WSIB Benefits for Chronic Mental Stress
A new lawsuit could bring Workplace Safety and Insurance Board (“WSIB”) benefits to hundreds of Ontario workers suffering from chronic work-related mental stress.
Jail Time for Employer Is Another Indication of Culture Change in Employment Standards Enforcement
Last month, a Mississauga employer was sentenced by the court to thirty (30) days of jail time and fined $20,000 after failing to comply with an order issued by the Ministry of Labour (the “Ministry”) to pay over $140,000 of unpaid wages to forty-three (43) of his staff employees, along with administrative fees to the […]
Hiring One Employee May Result in Constructive Dismissal of Another
Constructive dismissal and sexual harassment are two topics that we have blogged about recently to highlight how important it is for employers to be aware of these concepts.
New Developments Regarding the TTC ‘Fitness for Duty’ Policy
In an early application of its “Fitness for Duty” policy (the “Policy”), the Toronto Transit Commission (the “TTC”) has suspended a driver who tested positive for a prohibited substance in June 2017. As previously discussed on our blog in October of 2011, the TTC implemented a policy which provides for random drug and alcohol testing of […]
Public Hearings Regarding Bill 148 Being Held Throughout Ontario
As many of you are aware, Bill 148, the Fair Workplaces, Better Jobs Act, 2017 is moving through the Ontario legislature and looks set to be passed in the near future. It will bring many significant changes to labour and employment law in the province. You can find additional details in our blog post on […]
Ontario’s Minimum Wage Increase Puts Strain on HR Professionals
It’s fair to say that employers across Ontario were prepared for the provincial government to introduce at least some labour reforms as part of the Changing Workplaces Review, which put everything from the province’s employment standards to human rights legislation under the microscope.
Court of Appeal: Nothing Unclear About the Meaning of Probation
In our December 5, 2016 blog post, we wrote about the Divisional Court’s 2016 decision in Nagribianko v Select Wine Merchants Ltd., in which the Divisional Court confirmed that an employer that dismisses a probationary employee