Court Holds That Employee Was Not Constructively Dismissed After Refusing to Comply with Mandatory Mask Policy
In Benke v Loblaw Companies Limited [Benke], a decision from the Court of Queen’s Bench of Alberta (“ABQB” or the “Court”), the Court held that an employer’s decision to place an employee on an unpaid leave of absence for refusing to comply with a mandatory mask policy did not amount to a constructive dismissal. Rather, […]
Canadian Human Rights Tribunal Held an Employee’s Dismissal During a Legitimate Corporate Restucturing Was Still Discriminatory
In Luckman v Bell Canada [Luckman], the Canadian Human Rights Tribunal of Canada (“CHRT”) found an employee was discriminatorily dismissed despite the dismissal of 125 other employees during the employer’s corporate restructuring. Although the employer initially claimed the employee’s dismissal was due to performance issues, no evidence existed to support same. Instead, the employee’s manager […]
Global News: Laura Williams on Hamilton Today Radio Show
Managing Partner Laura Williams appeared on the August 19, 2022 episode of Global News Hamilton Today to share her insights on the recent dismissal of CTV’s Lisa Laflamme and provide relevant considerations for employers involved in high-profile dismissals. Listen to Laura’s clip here:
ESA Updates Guidance on Newly Mandatory Electronic Monitoring Policies
On July 13, 2022, Ontario’s Ministry of Labour, Training and Skills Development updated its online guide to the Employment Standards Act, 2000 [ESA] to include guidance with respect to the requirement for employers with 25 or more employees to create a written policy on electronic monitoring of employees (“EM Policy”). This guidance from the government provides more information for […]
Recent Changes to Ontario’s Infectious Disease Emergency Leave
After several extensions, Ontario’s Deemed Infectious Disease Emergency Leave (“Deemed IDEL”) has expired on July 30, 2022, in accordance with O. Reg. 228/20 (the “Regulation”) under the Employment Standards Act, 2000 (“ESA”). Employees whose hours of work or wages have been temporarily reduced or eliminated for reasons related to COVID-19 will no longer be deemed […]
Employee on Leave Was Asked to Return Company Vehicle and Cellphone: Not Constructive Dismissal
When an employee takes a leave of absence, employers will often ask that they return company property until they can come back to work. This was the basis of the plaintiff’s constructive dismissal claim in the recent decision of Tuinhof v. Modern Heating Brantford Ltd., 2022 ONSC 3418 [Tuinhof]. To the dismay of the plaintiff, […]