Off-duty “OnlyFans” Conduct Results in Dismissal for Cause
Off-duty conduct, which involves an employee’s actions outside of working hours, can result in discipline up to and including dismissal for cause. This is what occurred on June 16, 2023, when a secondary school in British Columbia (the “School”) dismissed an educational assistant (the “Employee”) for cause due to her off-duty conduct. Outside of her […]
New Licensing Requirements for Temporary Help Agencies and Recruiters
Ontario’s Working for Workers Act, 2021 introduced several new changes to the Employment Standards Act, 2000 (the “ESA”) including the implementation of a licensing framework for temporary help agencies (THAs) and recruiters. The amendments will come into force on January 1, 2024, requiring THAs and recruiters to have a license to operate in Ontario. It […]
Off-duty Misconduct Leads to On-duty Discipline: How Off-duty Employee Misconduct Can Lead to Dismissal for Just Cause
While employees are free from commitments to their employer when they are not at work, committing serious misconduct off-duty can warrant discipline by their employer. In the recent case of the Corporation of the City of Calgary v Amalgamated Transit Union, Local 583 [AMTU], an employee’s off-duty misconduct was found to justify dismissal for just […]
Shining a Light on Moonlighting: Lessons for Employers
With an increase in the popularity of remote working schedules, employers may have concerns about employee moonlighting, which occurs when an employee keeps a full-time job while maintaining a personal business venture on the side. In Dove v Destiny Media Technologies Inc., 2023 BCSC 1032, the British Columbia Supreme Court (the “Court”) held that an […]
Fiduciary Obligations Versus the Duty of Confidentiality: Potential Impacts on Employers
The recent case of England Securities Ltd. V. Ulmer [Ulmer], decided by the British Columbia Court of Appeal (“BCCA”), highlights the distinction between fiduciary obligations and the duty of confidentiality in the employment context. This decision has potential implications for employers, particularly those whose confidential information may have been compromised by an employee. Background The […]
Latest Updates to the Canada Labour Code and Impact on Federally-regulated Employers
Starting July 9, federally regulated employers under the Canada Labour Code will be required to reimburse employees for reasonable work-related expenses and provide written employment statements to new employees and existing employees as a result of the previously-enacted Budget Implementation Act, 2018, No. 2 (Bill C-86) [BIA 2018]. Additionally, beginning on December 15, 2023, federally-regulated […]
Competition Act Amendments: Criminal Prohibition of Wage-fixing and No-poaching Agreements
On June 23, 2023, amendments to the Competition Act came into force, making it a criminal offense for employers to engage in wage-fixing and no-poaching agreements with unaffiliated employers. It is now illegal under the Competition Act for unaffiliated employers to agree to: fix, maintain, decrease, or control salaries, wages or terms and conditions of […]
Navigating Credibility in Workplace Harassment Investigations: Insights from Aslam v Ontario College Of Pharmacists
When making findings of fact in a workplace investigation, it is crucial for investigators to assess the credibility of witnesses in the context of the evidence as a whole. Importantly, a finding of a lack of credibility in one aspect of a witness’s testimony does not automatically render the entirety of their evidence as non-credible. […]
Employers’ Guide to the 2023 Toronto Mayoral By-election
Toronto residents will head to the polls on Monday, June 26, 2023, to cast their vote in the 2023 Toronto mayoral by-election. The Ontario Municipal Elections Act, 1996 (the “Act”) provides every employee that is eligible to vote with three consecutive hours away from work while polls are open on election day to cast their […]
How a Defendant Employer Got Burned by a “Scorched Earth” Strategy and Paid $75k in Punitive Damages
The recent decision of Griffon Integrated Security Technologies et al. v. Valley Associates Inc. et al. (“Valley Associates”) by the Ontario Superior Court of Justice (“ONSC”) is an important reminder for employers to show good-faith conduct when dismissing an employee and responding to any ensuing litigation brought by the employee, as doing otherwise can result […]