Court Holds That Employee Was Not Constructively Dismissed After Refusing to Comply with Mandatory Mask Policy
In Benke v Loblaw Companies Limited [Benke], a decision from the Court of Queen’s Bench of Alberta (“ABQB” or the “Court”), the Court held that an employer’s decision to place an employee on an unpaid leave of absence for refusing to comply with a mandatory mask policy did not amount to a constructive dismissal. Rather, […]
Canadian Human Rights Tribunal Held an Employee’s Dismissal During a Legitimate Corporate Restucturing Was Still Discriminatory
In Luckman v Bell Canada [Luckman], the Canadian Human Rights Tribunal of Canada (“CHRT”) found an employee was discriminatorily dismissed despite the dismissal of 125 other employees during the employer’s corporate restructuring. Although the employer initially claimed the employee’s dismissal was due to performance issues, no evidence existed to support same. Instead, the employee’s manager […]
Global News: Laura Williams on Hamilton Today Radio Show
Managing Partner Laura Williams appeared on the August 19, 2022 episode of Global News Hamilton Today to share her insights on the recent dismissal of CTV’s Lisa Laflamme and provide relevant considerations for employers involved in high-profile dismissals. Listen to Laura’s clip here:
ESA Updates Guidance on Newly Mandatory Electronic Monitoring Policies
On July 13, 2022, Ontario’s Ministry of Labour, Training and Skills Development updated its online guide to the Employment Standards Act, 2000 [ESA] to include guidance with respect to the requirement for employers with 25 or more employees to create a written policy on electronic monitoring of employees (“EM Policy”). This guidance from the government provides more information for […]
Recent Changes to Ontario’s Infectious Disease Emergency Leave
After several extensions, Ontario’s Deemed Infectious Disease Emergency Leave (“Deemed IDEL”) has expired on July 30, 2022, in accordance with O. Reg. 228/20 (the “Regulation”) under the Employment Standards Act, 2000 (“ESA”). Employees whose hours of work or wages have been temporarily reduced or eliminated for reasons related to COVID-19 will no longer be deemed […]
Employee on Leave Was Asked to Return Company Vehicle and Cellphone: Not Constructive Dismissal
When an employee takes a leave of absence, employers will often ask that they return company property until they can come back to work. This was the basis of the plaintiff’s constructive dismissal claim in the recent decision of Tuinhof v. Modern Heating Brantford Ltd., 2022 ONSC 3418 [Tuinhof]. To the dismay of the plaintiff, […]
Key Points for Employers from Recent Decisions Regarding Notice Awards and Employees’ Duty to Mitigate
Three recent decisions have reconfirmed the factors courts will consider in calculating reasonable notice awards, including which “exceptional circumstances” will increase the presumptive 24-month cap, and how former employees can fail to mitigate their damages. Ontario Court of Appeal (“ONCA”) Upholds 26-Month Reasonable Notice Period For “Exceptional Circumstances” In Currie v Nylene Canada Inc [Currie], […]
Ontario Employer Fined $125,000 for Failing to Isolate Workers Following COVID-19 Outbreak
An Ontario employer has been fined $125,000 under the Occupational Health and Safety Act (“OHSA”) after it was convicted of failing to isolate workers following a COVID-19 outbreak. The marks the first prosecution of a COVID-19-related offence under the OHSA. Background The employer, Scotlynn Sweetpac Growers Inc. (“Scotlynn”), is a farming company located in Norfolk […]
Career Change Pursuit and Forewarning of Termination Reduced Employee’s Notice Period by 9 Months
CAREER CHANGE PURSUIT AND FOREWARNING OF TERMINATION REDUCED EMPLOYEE’S NOTICE PERIOD BY 9 MONTHS In the decision of Patel v Crimp Circuit [Patel], in which Williams HR Law’s Joel Smith represented the employer, the employee’s failure to take reasonable steps to seek comparable employment and the employer’s provision of working notice influenced Deputy Judge Bocci […]
Ontario Arbitrator Upholds a Grievor’s Creed-based Exemption from Vaccination Requirement, Despite Questionable Sincerity of Her Belief
An Ontario arbitrator recently found that an employee was entitled to an exemption from her employer’s mandatory vaccination requirement due to her creed, despite the questionable sincerity of her belief that her creed prevented her from being vaccinated. In particular, the Arbitrator in Public Health Sudbury & Districts v Ontario Nurses’ Association [PHSD v ONA] […]