Ontario Superior Court Of Justice Finds Employee Failed to Mitigate Damages
We previously explored Ontario case law involving situations where employers failed to meet the high threshold for successfully arguing that a former employee did not fulfill their duty to mitigate damages (see our blogs on two such decisions, Jimmy How Tein Fat v PRGX Canada Corp and Lake v La Presse). However, the Ontario Superior […]
May the Law Be with You: Assessing Gina Carano’s Dismissal Within Ontario’s Legal Framework
A recent time ago in a jurisdiction not so far away, actress Gina Carano, known for her role in the popular show, The Mandalorian, found herself embroiled in a high-profile dispute with Disney and LucasFilm following her dismissal from the show as a result of her controversial social media posts. Inflammatory social media posts made […]
Ontario Court Of Appeal Finds Bill 124 Violated the Charter
After years of litigation, the Ontario Court of Appeal (“ONCA”) ruled on the constitutionality of the Protecting a Sustainable Public Sector for Future Generations Act, 2019 (“Bill 124”), which imposed a 1% cap on public sector workers’ compensation annually for a period of three years. In the decision of Ontario English Catholic Teachers Association v […]
The Termination Clause Landscape Shifts Again Post-Dufault
The Ontario Superior Court of Justice (the “Court”) has issued a decision that will significantly impact the enforceability of termination clauses. Employers are advised to review their existing employment agreements in light of this ruling. The Court’s decision in Dufault v The Corporation of the Township of Ignace [Dufault], dated February 16, 2024, has the […]
Significant Human Rights Damages Awarded to Vulnerable Worker Due to Sexual Assault and Exploitation
In LN v Ray Daniel Salon & Spa and Reza Khosravi [LN], the Human Rights Tribunal of Ontario (“HRTO”) awarded the employee $180,000 in general damages—the second highest damages award in Ontario to date—for sexual harassment, sexual solicitations/advances, sex-based and citizenship-based discrimination, and reprisal. The HRTO considered the particularly precarious position of the employee in […]
TikTok Troubles for Employers: Legal Guidance for Recorded Termination Meetings Going Viral
A trend has emerged on social media in recent months, in which employees have recorded their termination meetings and then shared it online. For example, millions of people recently viewed a nearly ten-minute long video on TikTok of an employee being dismissed. While this trend need not be sensationalized, employers should consider the enhanced ease […]
HRTO Decision Illustrates Importance Of Employee Engagement in the Accommodation Process
A recent decision from the Human Rights Tribunal of Ontario (“HRTO” or the “Tribunal”), Leason v ADAMANDA INC. o/a Dairy Queen Grill and Chill, Huntsville [Leason], highlights the complexities that arise when family ties intersect with professional responsibilities. The decision also makes clear that the accommodation process—whether involving family or not—requires the employee’s cooperation, collaboration, […]
Former Senior Executive Personally Liable to Pay $50,000 in Punitive Damages to Employer
Senior executives owe a fiduciary duty to their employers, as they have the power to make decisions that can leave their employers vulnerable. A decision from the Court of King’s Bench of Alberta (“ABKB”), Breen v Foremost Industries Ltd. [Breen], illustrates the consequences of a senior executive (the “Employee”) deliberately breaching his fiduciary duty, among […]
Clear Investigation Leads to Clear Cause: Recent Decision Showcases Importance of Proper Workplace Investigations
When addressing workplace harassment, the power of a thorough workplace investigation can be instrumental in justifying termination of employment for cause. The recent arbitration decision of Health Sciences Association of Alberta v Alberta Health Services [Health Sciences Association] illustrates how following a transparent and good faith investigation process that balances employee rights and adherence to […]
Winter 2024 Newsletter
Welcome to the 2024 Winter edition of In The Know.