Employee Silence Does Not Equal Acceptance of Temporary Layoff
The recent decision of Pham v Qualified Metal Fabricators Ltd. [Pham] by the Ontario Court of Appeal (“ONCA”) serves as a reminder that in the absence of an explicit provision in an employment contract permitting temporary layoffs, there might not be an implied right to place an employee on a temporary layoff. Facts The plaintiff […]
Privilege Prevails: Ontario Court of Appeal Upholds Dismissal of Defamation Action Concerning Workplace Investigation Report
In Safavi-Naini v Rubin Thomlinson LLP [Savafi-Naini], the Ontario Court of Appeal (the “Court”) upheld a motion judge’s dismissal of a defamation action brought by the complainant in a workplace investigation against the investigator. In doing so, the Court confirmed that investigation reports may be protected from defamation claims by the defence of qualified privilege. […]
No Duty Of Care Owed by Lawyers Acting As Investigators to Complainants in Workplace Investigations
In Mezikhovych v Kokosis [Mezikovych], the Ontario Superior Court of Justice (“ONSC”) found that no duty of care is owed by a lawyer acting as an investigator to a complainant in the context of a workplace investigation. Facts The plaintiff to the claim (the “Complainant”) was an employee working as a personal support worker who […]
Employer’s Bad Faith Conduct in Dismissing Employee Leads to $15,000 in Moral Damages
The recent decision of Teljeur v Aurora Hotel Group [Teljeur] is a stark reminder that employers must fulfill their duty of good faith and statutory obligations when dismissing an employee failing which they may be liable for moral damages. Background: The employee worked as a General Manager at a resort and conference centre for just […]