STD Benefits Denied Where Medical Leave Not Connected to Disability, but to Vaccine Avoidance
In Ottawa Hospital v Ontario Nurses’ Association, the arbitrator held the employer was justified in denying the employee short-term disability (“STD”) benefits, despite the employee taking medical leave. Specifically, the arbitrator found the employee was able to work, his conditions were not disabling, and he appeared to be attempting to avoid being placed on unpaid […]
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 […]
Ontario Court Finds That Vaccination Policy Amounted to Frustration of Contract Due to Employee’s Failure to Comply with the Policy
Although COVID-19 safety measures are no longer mandatory, many employers still face claims from employees who were dismissed for refusing to comply with a vaccination policy. We are seeing a growing body of case law which addresses the issue of wrongful dismissal in the context of vaccination policies as many of these cases work their […]
Ontario Introduces Bill 79 (Working for Workers Act, 2023) to Propose Amendments to Workplace Legislation
On March 20, 2023, the Ontario government tabled Bill 79, Working for Workers Act, 2023 (“Bill 79”). If passed, Bill 79 would significantly amend workplace legislation—including the Employment Standards Act, 2000 (“ESA”), the Occupational Health and Safety Act (“OHSA”), and the Employment Protection for Foreign Nationals Act, 2009 (“EPFNA”)—to provide greater protections for remote and […]
Ontario Court of Appeal Finds That Substantial Expansion of Employee Duties Renders Employment Agreement Unenforceable
Introduction In Celestini v Shoplogix Inc [Celestini], the Ontario Court of Appeal (“ONCA”) upheld the lower court’s decision not to enforce the termination provisions in the parties’ employment agreement, given that the employer substantially increased the employee’s duties, which—by operation of the “changed substratum” doctrine—caused the foundation of the agreement to disappear. The Changed Substratum […]
The Twitter Saga: Lessons for Canadian Employers
Last week, Twitter locked hundreds of its workers out of its computer systems, once again with no notice and no communication from Human Resources (“HR”). When one employee tweeted at Elon Musk, Twitter’s new Chief Executive Officer, to see whether he was still an employee after nine days of silence from HR, Musk publicly commented […]
Ontario Court Denies Wrongful Dismissal Claim of Employee Under Fixed-Term Employment Agreement
A recent decision of the Ontario Superior Court of Justice (the “Court”), Steele v The Corporation of the City of Barrie [Steele], offers important guidance regarding how courts interpret and determine the enforceability of fixed-term employment agreements, and signals a positive potential shift for employers on this issue. Fixed-term employment agreements typically attract close scrutiny […]