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Archives

Tag Archives for: "court decisions"
Home / Tag “court decisions”
Ontario Decision Extends Dismissed Employee’s Reasonable Notice Period Due to Employee’s Pregnancy at Time of Dismissal
  15
By WHRL
In Employment Law Posted March 18, 2021

Ontario Decision Extends Dismissed Employee’s Reasonable Notice Period Due to Employee’s Pregnancy at Time of Dismissal

In a recent summary judgment decision, Nahum v Honeycomb Hospitality Inc. [Nahum], the Ontario Superior Court of Justice (the “Court”) awarded damages equal to five months of pay in lieu of [...]

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Ontario Decision Strikes Down Dismissal for Cause for an Employer’s Failure to Investigate Allegations of Employee Misconduct
  14
By WHRL
In Employment Law Posted March 10, 2021

Ontario Decision Strikes Down Dismissal for Cause for an Employer’s Failure to Investigate Allegations of Employee Misconduct

A recent Ontario decision reminds employers of the importance of conducting a fair and fulsome investigation into employee misconduct before imposing discipline or dismissing the offending [...]

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Ontario Court Provides Guidance on How the COVID-19 Pandemic and CERB Payments Impact Wrongful Dismissal Damage Awards
  11
By WHRL
In Employment Law Posted February 24, 2021

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 [...]

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Arbitrator Upholds Mandatory COVID-19 Testing Policy for Retirement Home Employees
  12
By WHRL
In Employment Law Posted February 23, 2021

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 [...]

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Arbitrator Upholds Dismissal for Cause of Employee for Flouting COVID-19 Policy
  21
By WHRL
In Employment Law Posted February 12, 2021

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 [...]

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Ontario Decision Considers COVID-19’s Impact on Common Law Reasonable Notice Periods
  10
By WHRL
In Employment Law Posted February 9, 2021

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.

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Supreme Court of Canada Rules That Half-Truths, Omissions, and Silence May Breach the Duty of Honest Performance
  9
By WHRL
In Employment Law Posted January 28, 2021

Supreme Court of Canada Rules That Half-Truths, Omissions, and Silence May Breach the Duty of Honest Performance

In a recent decision, the Supreme Court of Canada (“SCC”) clarified and arguably expanded the duty of honest performance (often referred to simply as the “duty of good faith”),

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Supreme Court of Canada Denies Leave to Appeal in Waksdale
  9
By WHRL
In Employment Law Posted January 20, 2021

Supreme Court of Canada Denies Leave to Appeal in Waksdale

On January 14, 2021, the Supreme Court of Canada released its judgment denying leave to appeal Waksdale v Swegon North America Inc [Waksdale], a bombshell decision by the Ontario Court of Appeal [...]

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