Clarifying Accommodation: What Are Employers Required to Do?
Accommodation is often a complex and challenging subject for employers to navigate.
When Technology and Privacy in the Workplace Collide: Arbitrator Finds Employer’s use of In-Cab Video Monitoring to be Justified
Although new technologies can serve as powerful tools for employers to maximize safety and efficiency in the workplace, employees often take issue with
Employers May Rely on Shareholder Agreements to Limit Employee Entitlements Post-termination
The Ontario Court of Appeal (“ONCA”) recently released a decision that clarifies the extent to which employers may rely on the terms of shareholder agreements with employees in the post-termination context.
Employees Can’t Retract Unequivocal Resignations…So How Do Employers Maximize Clarity?
In English v Manulife Financial Corporation [English], the Ontario Court of Appeal (“ONCA”) addressed circumstances in which a change in employment circumstances could allow an employee to withdraw a resignation
Termination for Off-Duty Misconduct Part 2: Social Media
In last week’s blog, we discussed the general legal framework for dismissing employees for cause for off-duty misconduct and examined recent examples of these kinds of dismissals in the context of criminal and quasi-criminal conduct. This week, we will focus on examples of off-duty social media misconduct that meets the high legal standard for termination […]
Termination for Off-Duty Misconduct Part 1: The Basics
In the age of social media and perpetual digital interconnectedness, incidents of employee off-duty misconduct are increasingly making their way back to employers.
Ontario Court of Appeal Delivers Good News Regarding Reasonable Notice Entitlements but Not-So-Good News Regarding Provisions Limiting Bonus Entitlements
Termination of employment can be risky for employers.
Is the Employment Relationship Broken when an Employee Resigns but is Re-Hired?
When an employee resigns, the existing employment relationship comes to an end.
Federal Employers be Prepared: Sweeping Changes to the Canada Labour Code are Coming into Force on September 1, 2019
On June 13, 2019, the federal government proclaimed September 1, 2019 as the coming into force date for a number of amendments to the Canada Labour Code [Code]. The amendments were enacted by two pieces of federal legislation enacted since 2017, Bill C-63, the Budget Implementation Act, 2017, No. 2 (“Bill C-63″), and Bill C-86, […]
Can an Employer Suspend an Employee Who is Accused of Workplace Harassment?
In the era of #metoo and #timesup, workplace harassment has become a hot-button issue for employers. Employees are increasingly becoming aware of their right to be free from harassment and other inappropriate behaviours in the workplace,