Confidentiality in Wrongful Dismissal Cases: Insights From a Recent Ontario Court Decision

In wrongful dismissal cases, an employee’s entitlement to reasonable notice of termination is typically determined on an individual basis. As a result, the termination packages offered to other employees are usually not relevant. These packages are often considered as “without prejudice” communications protected by settlement privilege, preserving the confidentiality of information exchanged for the purpose […]
A “SLAPP” to the Face: Ontario Court Dismisses Employer’s $1.5m Defamation Claim Against Former Employee

In the age of social media, organizations face a range of challenges, and chief among them is online disparagement by former employees. This issue came to the forefront in Williams v Vac Developments Limited [Williams], where a former employee not only made highly critical comments about their former employer to a news outlet, but also […]
Canadian HR Reporter: HR’s top compliance missteps
Joel Smith recently provided his insights regarding the most common employer missteps he’s seen, including those related to vacation pay, cross-jurisdictional compliance, managing difficult employees, accommodation, and more. See an excerpt below: HR’s top compliance missteps Two employment lawyers share the most common employer missteps they’re seeing Working in human resources can be a little […]
Countdown to AODA Compliance: Act Now Before the Deadline

As we approach the end of 2023, Ontario businesses and non-profit organizations, along with designated public sector entities, must mark their calendars with an important deadline. Every three years, Ontario businesses and non-profit organizations with 20 or more employees must file an accessibility compliance report under the Accessibility for Ontarians with Disabilities Act, 2005 [AODA], […]
Independent Contractors Have a Duty to Mitigate, but Risks Remains for Organizations Using Fixed-term Contracts

Fixed-term contracts can be enticing for organizations, especially when organizations only intend to retain a person’s services temporarily. However, considering the risks of fixed-term contracts is crucial. In Monterosso v Metro Freightliner Hamilton Inc [Monterosso], the Ontario Court of Appeal (“ONCA”) clarified that independent contractors with fixed-term contracts have a duty to mitigate their damages. […]
Clear-cut Consequences: the Importance of Transparency in Establishing Just Cause Dismissal

A recent decision by the New Brunswick King’s Bench (the “Court”), Cumberland v Maritime College of Forest Technology [Cumberland], provided clarity on the importance of warning employees about their misconduct and utilizing a system of progressive discipline before an employer can establish just cause for dismissal. Facts The employee worked for the employer, a forestry […]
Fall 2023 Newsletter

Welcome to the 2023 Fall edition of In The Know.
Mask Policy Did Not Discriminate Against Employee with Mask-wearing Phobia

As the Public Health Agency of Canada notes “early signs” of a Fall 2023 COVID-19 wave, it remains crucial for employers not to overlook the lessons learned during the pandemic. The recent decision of United Food and Commercial Workers Canada, Local 175 v Highbury Canco Corporation [UFCW] serves as a reminder of the importance of […]
The Importance of Good Recordkeeping: Employer’s Damages for Hours Not Worked Overturned

In Trejo v Pro-Align Heavy Suspensions Ltd. [Trejo], an employer sought damages from a former employee for payment of wages for work that the employee allegedly did not perform. The Supreme Court of British Columba (“BCSC”) held that the trial judge’s reliance on a spreadsheet of the employee’s hours of work—created by the employer long […]
Resignation Vs. Dismissal: Insights from a Recent Bc Supreme Court Decision

In the recent decision of Khangura v Lumberwest Building Supplies Inc. [Lumberwest], the BC Supreme Court (“BCSC”) considered whether an employee was dismissed or had voluntarily resigned, following what appeared to be a miscommunication when the employer conveyed concerns regarding the employee’s work performance. The Facts The employee started working as a salesperson at Lumberwest in […]