Court Orders Employer to Produce Unredacted Complaints and Investigation Documents in Wrongful Dismissal Case
IIn Jarvis v The Toronto-Dominion Bank, the Ontario Superior Court of Justice (the “Court”) ordered the employer to disclose unredacted versions of investigation-related documents it relied on to support a for-cause dismissal. Facts An employee commenced wrongful dismissal litigation against its former employer following the termination of their employment. The defendant employer pleaded that the […]
Ontario Employer Fined $80,000 Due to Failure to Assess Workplace Violence Risks
A social services provider located in Thunder Bay, Ontario (the “Organization”) pleaded guilty to a workplace violence incident that arose in its workplace. The Organization was found to have violated its obligations under the Occupational Health and Safety Act [OHSA] with respect to assessing the risks of workplace violence, and was therefore fined $80,000. Background […]
Canadian HR Reporter: Ontario employer must pay nearly $20,000 to worker fired after 4.5 months
Aleksandra Pressey shared her insights regarding termination provisions and punitive damages in the context of discussing Wilds v 1959612 Ontario Inc, a decision in which an Ontario court ordered an employer to pay a dismissed worker two months’ pay plus $10,000 in punitive damages. See an excerpt below: Ontario employer must pay nearly $20,000 to […]
Understanding Successor Employer Obligations
When a company undergoes a change in ownership, the purchaser may opt for an asset purchase or acquire the business as a going concern. An asset purchase can interrupt employee service, requiring the new owner to offer employment to retain staff. In contrast, purchasing the business as a going concern allows for business continuity, with […]
Employer Conduct Can Invalidate Otherwise Enforceable Termination Clauses
A recent decision from the British Columbia Supreme Court (“BCSC”) in Klyn v Pentax Canada Inc[Klyn], emphasizes the crucial role of employer conduct throughout the termination process. Klyn demonstrates how improper actions can invalidate otherwise enforceable termination clauses. Background The employee first began his employment with the employer as an independent contractor in 2001, before […]
Employer’s Effective Workplace Investigation Leads to Dismissal of Complaint at BC Human Rights Tribunal
In Salanguit v Parq Vancouver and Abonitalla [Parq Vancouver], an employer successfully relied upon its thorough investigation and subsequent corrective to persuade the British Columbia Human Rights Tribunal (the “Tribunal”) to dismiss an employee’s discrimination complaint. Amid heightened scrutiny of investigation processes by adjudicators, this decision serves as an increasingly rare, but valuable reminder of […]
Dot the “I’s” and Cross the “T’s”: Alberta Arbitration Decision Highlights Importance of Investigating Before Taking Corrective Action
In Sterling Crane v International Union of Operating Engineers Local 955 [Sterling], Arbitrator Norrie disagreed with the employer’s dismissal of an employee (the “Grievor”) after he made a derogatory comment about women in the workplace, and noted the investigation was insufficient. The arbitration decision underscores the importance of conducting thorough investigations into harassment and misconduct […]
Balancing Innovation and Risk: Navigating AI Integration in Canadian Workplaces
A recent survey by KPMG suggests that one in five Canadians are using generative artificial intelligence (AI) tools to help them with their work or studies. Despite the widespread use of AI and its historical presence spanning decades, there are currently very few regulations in Canada specific to AI. The spotlight on AI’s workplace implications has […]
Managing Political Expression at Work: Key Strategies for Employers
Despite the adage “politics and work do not mix”, employees are becoming increasingly emboldened to express support for political causes in the workplace. Because the political and the personal often overlap, seemingly minor disagreements can quickly escalate into loud, heated arguments, and employers must recognize their potentially detrimental impacts. Depending on their content and mode, […]
Sick but Clicking: Disability Management and Working from Home While Sick
The rise of remote and hybrid work arrangements has introduced new challenges for employers, particularly with respect to managing work-from-home accommodation requests and handling situations where employees work from home while sick. As these situations are becoming increasingly common, employers must navigate the complexities of disability management and managing their workplace. Work-from-Home Accommodation Requests Employers […]