Mitigation Matters: Former Employee Awarded Full 24-Month Notice Period Despite Imperfect Job Search
In Jimmy How Tein Fat v. PRGX Canada Corp. [PRGX], the Ontario Superior Court of Justice (the “Court”) awarded a 24-month notice period equivalent to nearly $1.6 million to a dismissed employee. While the Court acknowledged that the employee’s efforts to mitigate his damages by searching for alternative employment were imperfect, the employee was still […]
Short but Not-So-Sweet: Short-Service Employee Granted Notice Period Exceeding 5 Months
While many employers realize the increased liability of dismissing long-service employees, they should also be aware of the risks associated with dismissing short-service employees. In the recent decision of Grimaldi v CF+D Custom Fireplace Design Inc [Grimaldi], the Ontario Superior Court of Justice (the “Court”) awarded more than five months of reasonable notice to an […]
Deadline for New Licensing Requirements for Temporary Help Agencies and Recruiters Extended to July 1, 2024
The Working for Workers Act, 2021 previously amended the Employment Standards Act, 2000 [ESA] to introduce a mandatory licensing regime for temporary help agencies (“THAs”) and recruiters operating/acting in Ontario. We provided a detailed summary of this new licensing requirement in our previous blog and noted that as of January 1, 2024, THAs and recruiters […]
Construction Site Owner Found to be an Employer Under OHSA Despite Lacking Direct Control over Employee
Under the Occupational Health and Safety Act [OHSA], employers have a duty to ensure that health and safety measures are implemented and carried out in the workplace. In scenarios where third-party contractors perform work for the owner of a construction site, there is uncertainty around whether the owner meets the definition of “employer” under the […]
Upcoming Changes to Notice of Termination Requirements Under Canada Labour Code
Significant amendments to the Canada Labour Code [CLC], introduced by Budget Implementation Act, 2018, No. 2, will come into effect on February 1, 2024. These amendments will bring about a substantial transformation in the notice of termination requirements for federally regulated employers, establishing a graduated system based on an employee’s years of service, similar to […]
Employer Ordered to Pay $15,000 for Failure to Address Workplace Sexual Harassment
Employers who fail to appropriately address workplace sexual harassment can face significant liability. In the recent decision of Milligan v Maczak Holdings Ltd. [Milligan], an employee was awarded $15,000 in damages for successfully arguing that her employer discriminated against her by not responding to her repeated complaints of sexual harassment at work. Notably, the harassment […]
Ontario Introduces Bill 149, Working for Workers Four Act, 2023 to Propose Amendments to Workplace Legislation
On November 14, 2023, the Ontario government introduced Bill 149, or the Working for Workers Four Act, 2023 (“Bill 149”). If passed, Bill 149 would be the second piece of legislation this year (after the Working for Workers Act, 2023 which received Royal Assent on October 26, 2023) that would amend certain workplace legislation, including […]
WSIB Benefits Granted to Employee who Drove Home Drunk and Crashed Employer’s Vehicle
Employers have a vested interest in limiting their employees’ claims to the Workplace Safety and Insurance Board (“WSIB”), as premium rates are influenced, in part, by the number of claims. In the recent decision of Interpaving Limited v. Workplace Safety and Insurance Appeals Tribunal [Interpaving Limited], the employer challenged an employee’s claim for workers’ compensation […]
Three-Day WSIB Reporting Deadline for Work-Related Accidents Now in Effect
The Workplace Safety Insurance Board (“WSIB”) has amended its Operational Policy Manual to implement changes in employer reporting obligations for work-related accidents. Including a new deadline for employers to file a report of workplace injury. Under the new reporting deadline, employers must report any work-related accidents that occurred on or after September 29, 2023 within […]
Exceptional Circumstances in Two Ontario Court of Appeal Decisions Justify Lengthy Notice Periods
Introduction According to the most recent census, a record-high one in five working age Canadians were aged 55 to 64. Given the aging workforce, many Canadian employers will inevitably need to navigate the end of employment relationships with older employees, some of whom may have lengthy periods of service and either no employment agreement or […]