OLRB Expedited Proceedings Now Applicable to OHSA Reprisal Allegations
The Ontario Labour Relations Board (“OLRB”) has recently announced some minor procedural changes effective April 1, 2012. Amongst these changes is an amendment to Rule 41 of the OLRB Rules of Procedure that will allow for complaints alleging reprisals under section 50 of the Occupational Health and Safety Act (“OHSA”) to be handled through expedited […]
Bad Behaviour Bags Bonus – Ontario Court Of Appeal Rules
In the Ontario Court of Appeal’s recent decision in Mady Development Corp. v. Rossetto, Mr. Rossetto, an executive of Mady Development who diverted labour, materials and company funds to renovate his house, was allowed by the Court to keep his buxom bonus. When the company originally learned of Mr. Rosetto’s misconduct, he was fired and […]
Appellate Court Recognizes New Common Law Tort
In the recent decision of Jones v. Tsige, the Ontario Court of Appeal became the first appellate level court to recognize the tort of invasion of privacy in the province of Ontario. Traditionally, it had generally been held that there was no right to an independent claim based on an invasion of privacy.
Elgert V. Home Hardware: Fallout Of a Flawed Investigation
Many employers understand the importance of conducting a proper workplace investigation in the context of a for cause dismissal. What may not always be apparent however, are the consequences that can arise when an investigation is not conducted in a thorough, objective and fair manner. A recent case that is a glaring example of the liability […]
The Quiet Cost Of Mental Illness in the Workplace
According to Health Canada 1 in every 5 Canadians experiences some form of mental illness in the course of their lives. And, at one time or another, every Canadian has felt the impact of mental illness either directly or indirectly.
The Ceo: Who? What? Where? and How Much?
The late Steve Jobs was the modern day example of the iconic CEO. He was often regarded as the genius that fueled the engines of innovation at Apple, a company that is arguably the most successful of the modern era, with a market capitalization of almost half a trillion dollars. It is open for debate […]
Workplace Holiday Parties: Don’t Let the Beer Take Away from the Cheer
As the winter season approaches many companies begin to prepare for their annual holiday party. During the planning process, it is important to be mindful of potential exposures an employer may face when employees indulge in a little too much eggnog. Alcohol served at a company holiday party may expose an employer to liability arising […]
TTC Approves Random Drug Testing
Following a recent fatal bus accident, the Toronto Transit Commission (“TTC”) has approved random drug and alcohol testing for select employees that if implemented would make the TTC the first transit agency in the country (not operating across the United States border) to carry out routine drug testing.
Cap or No Cap: Terminating Clerical, Unskilled Employees
Earlier this year, the Court of Appeal upheld a ruling that there is no longer a “cap” of 12 months’ notice for clerical and unskilled employees, a proposition which was previously established (in 1995) by the Court of Appeal in Cronk v. Canadian General Insurance Co. (“Cronk”).
Placing Restrictions on Departing Employees
The modern world has created a new working landscape – one in which loyalty has become less prominent as employees regularly seek out a ‘better’ employment opportunity around every corner. Whether it is a long-standing employee who has worked their way up through the ranks or a short-service employee looking for just the right fit, […]