Ontario Court Provides Guidance on How the COVID-19 Pandemic and CERB Payments Impact Wrongful Dismissal Damage Awards
A recent decision by the Ontario Superior Court of Justice (the “Court”) suggests that the COVID-19 pandemic may not increase the common law reasonable notice entitlements of employees that were dismissed early in the pandemic as much as one might expect, and that certain COVID-19 recovery benefit payments may not be set off against wrongful […]
Arbitrator Upholds Mandatory COVID-19 Testing Policy for Retirement Home Employees
In Caressant Care Nursing and Retirement Homes v Christian Labour Association of Canada, an arbitrator found that a mandatory COVID-19 testing policy was reasonable. Facts The employer, Caressant Care Nursing and Retirement Homes (“Caressant Care”), operated a retirement home in Woodstock, Ontario. As the retirement home shared employees with an adjacent nursing home, the retirement […]
Arbitrator Upholds Dismissal for Cause of Employee for Flouting COVID-19 Policy
In Garda Security Screening Inc v IAM, District 140 (Shoker Grievance) [Shoker Grievance], an arbitrator considered whether an employee’s failure to follow an employer’s COVID-19-related workplace policies amounted to cause
Ontario Decision Considers COVID-19’s Impact on Common Law Reasonable Notice Periods
A recent Ontario decision considered the impact of the COVID-19 pandemic on the common law assessment of reasonable notice periods.
Ontario Decision Finds Allegations of Employee’s Poor Work Performance “Irrelevant” after Employer Dismisses Without Cause
A recent Ontario decision reminds employers that where an employee is dismissed without cause, the employee’s performance record generally becomes irrelevant.
Positive Developments Regarding Termination Clause Enforceability
As many employers know, enforceable termination clauses that limit employees’ termination entitlements are essential to minimize the costs involved with ending employment relationships. However, courts strictly scrutinize and frequently refuse to enforce such clauses, often for very technical reasons in relation to violations of the Employment Standards Act, 2000 [ESA]. Without enforceable termination clauses, employees […]
Can an Employer Rely on the Findings of a Criminal Trial in a Civil Action against one of its Employees? It depends!
When an employee is convicted of a criminal offence, employers can be left wondering what to do.