Signing Under Pressure: Ontario Court Upholds Enforceability of a Release
When dismissing an employee, obtaining a full and final release can be an effective strategy to protect employers from future demands or claims. However, the recent decision from the Ontario Superior Court of Justice (“ONSC”) in Manuel v Lafarge et al. [Lafarge] illustrates the importance of caution when requiring employees to sign releases, particularly where […]
What Employers Can and Can’t Say During Union Certification
A recent decision from the British Columbia Labour Relations Board (the “BCLRB”) provided clarity on what employers can communicate to employees during union certification. In Homewood Health Inc. (Homewood Ravensview), 2024 BCLRB 87 (“Homewood”), the Union claimed that the employer contravened the BC Labour Relations Code (the “Code”) when it emailed two memoranda to workers […]
Update on the R v Greater Sudbury (City) Decision: Ontario Superior Court of Justice Clarifies Employer Responsibilities to Demonstrate “Due Diligence”
Previously, we discussed the R v Greater Sudbury (City) [Greater Sudbury] decision from the Supreme Court of Canada (“SCC”) in which the SCC clarified the test for “employer” under the Occupational Health and Safety Act [OHSA] and held that the City of Greater Sudbury (the “City”) was an employer for the purposes of the OHSA. […]
Federal Government Places New Restrictions on the Temporary Foreign Worker Program: What Employers Need to Know
Employers have used the Temporary Foreign Worker (“TFW”) Program to address short-term skill and labour shortages. However, due to the rising unemployment rate and concerns that the program has been used to bypass hiring Canadian talent, the federal government has announced significant changes to the program. What’s Changing? Effective September 26, 2024, the following changes […]
Canadian HR Reporter: Worker fired for performance issues, not for raising safety concerns: board
Nhi Huynh provided her analysis of a recent ruling from the Ontario Labour Board, which found there was no reprisal in the dismissal of a worker who had previously raised health and safety concerns. See an excerpt below: Worker fired for performance issues, not for raising safety concerns: board ‘The onus is on the employer […]
Employer Investigated and Used its Policies to Dismiss for Cause
Since employees who are dismissed for cause lose most or all their termination entitlements, adjudicators are often hesitant to side with employers in these matters. However, in Arora v. ICICI Bank of Canada [Arora], the Ontario Superior Court of Justice (“ONSC”) found that the employer’s decision to dismiss an employee for cause was proportionate to […]
Subject to Examination: Independent Medical Examinations May be Required Where Employees are Unable to Mitigate due to Medical Concerns
In Marshall v Mercantile Exchange Corporation [Marshall], the Ontario Superior Court of Justice recently examined whether a former employee could be required to undergo an independent medical examination after claiming to be unable to mitigate damages resulting from the termination of their employment, due to mental health concerns. Facts The former employee sued the employer […]
Federal Ban on Replacement Workers During Strikes and Lockouts
On June 20, 2024, Bill C-58, An Act to amend the Canada Labour Code and the Canadian Industrial Relations Board Regulations, 2012, received royal assent. Among other things, Bill C-58 prohibits federally regulated employers from using replacement workers during a strike or lockout. As stated by the Government of Canada, the use of replacement workers […]
Reputation Derogation: Employer’s Defamatory Comments about Employee Attracts $100,000 in Additional Damages
The details of Koshman v Controlex Corporation [Koshman] are salacious, but the decision is a reminder that courts will consider employers’ conduct when assessing damages. In Koshman, the Ontario Superior Court of Justice (“ONSC”) awarded 24 months’ notice and an additional $100,000 in aggravated and punitive damages due to the employer’s egregious misconduct before, during, […]
Court Orders Employer to Produce Unredacted Complaints and Investigation Documents in Wrongful Dismissal Case
IIn Jarvis v The Toronto-Dominion Bank, the Ontario Superior Court of Justice (the “Court”) ordered the employer to disclose unredacted versions of investigation-related documents it relied on to support a for-cause dismissal. Facts An employee commenced wrongful dismissal litigation against its former employer following the termination of their employment. The defendant employer pleaded that the […]