Court of Appeal: Nothing Unclear About the Meaning of Probation
In our December 5, 2016 blog post, we wrote about the Divisional Court’s 2016 decision in Nagribianko v Select Wine Merchants Ltd., in which the Divisional Court confirmed that an employer that dismisses a probationary employee
Supreme Court: Good Policies Still a Good Policy
On June 15, 2017, the Supreme Court of Canada issued its decision in the milestone case Stewart v. Elk Valley Coal Corp., (2017) SCC 30.
Good Policies Can Help Mitigate Risks of Vicarious Liability for Employee Actions
Sexual assault and harassment are ongoing concerns which have been making headlines across the country in recent months.
Employees to Become Entitled to WSIB Benefits for Chronic Mental Stress
In May 2017, Bill 127, the Stronger, Healthier Ontario Act (Budget Measures), 2017 (“Bill 127”) was passed by the Ontario legislature bringing in a number of new changes which will be of interest to employers in the province.
A Rose by Any Other Name… the Lurking Risk of Constructive Dismissal
Most employers are aware of the concept of constructive dismissal, which occurs when an employer unilaterally makes changes to an employee’s terms of employment that fundamentally alter the nature of the job. This can result from changes in compensation, changes in work functions, a loss in status or prestige, or any other change which indicates […]
New Employment and Labour Law Legislation: “The Fair Workplaces,Better Jobs Act, 2017” Potentially Coming to Workplaces Across Ontario
Ontario’s Minister of Labour appointed two Special Advisors in 2015 to conduct a Changing Workplaces Review (the “Review”) to consider issues related to the changing nature of employment relationships, and how Ontario’s labour and employment legislation could be amended to better address those issues. On May 23, 2017, the Special Advisors released their much-anticipated Final […]
Termination Clauses Must Comply with the ESA
On February 23, 2017, the Ontario Court of Appeal (the “Court of Appeal”) released its much anticipated decision, Wood v. Fred Deeley Imports Ltd., 2017 ONCA 158 (“Wood”). The decision brings needed clarity to the interplay between contractual termination of employment provisions and the minimum standards established in the Ontario Employment Standards Act, 2000 (the […]
Medical Documentation and Disability-Related Accommodation Requests
On February 1, 2017, the Ontario Human Rights Commission (the “Commission”) released a policy statement regarding its position on medical information to be provided when individuals request disability-related accommodations. The new policy statement is especially topical for employers, who have a statutory duty under Ontario’s Human Rights Code to accommodate employees with respect to disability […]
False Allegations of Cause May Attract Punitive Damages
A recent decision of the Small Claims Court (the “Court”) awarded punitive damages against an employer that falsely alleged cause to support a termination decision.
Without Cause Terminations in the Federal Sector
The Supreme Court of Canada (the “SCC”) in 2016 resolved a longstanding dispute regarding federally-regulated employers’ ability to dismiss employees on a without cause basis.