Employees Must Prove Pandemic’s Negative Impact on Re-Employment to Extend Notice Period
In its recent decision in Marazzato v Dell Canada Inc. [Marazzato], the Ontario Superior Court of Justice (the “Court”) confirmed that the onus is on an employee to prove that the pandemic negatively impacted their ability to re-employ if they seek a longer notice period
Court of Appeal Clarifies Thresholds for Constructive Dismissal, Intentional Infliction of Mental Suffering
[vc_row][vc_column width=”1/4″][vc_single_image image=”3445″ img_size=”large”][/vc_column][vc_column width=”3/4″][vc_column_text]In 2019, workplace harassment and sexual harassment are receiving considerably more attention than ever before.
Failure to Take Harassment and Violence Complaints Seriously Can Be Costly
[vc_row][vc_column width=”1/4″][vc_single_image image=”3445″ img_size=”large”][/vc_column][vc_column width=”3/4″][vc_column_text] Employers who fail to take allegations of harassment and violence seriously and fail to deal with employee complaints in good faith can face major cost consequences
Ontario Court of Appeal Confirms that False Allegations of Cause can be Costly!
[vc_row][vc_column width=”1/4″][vc_single_image image=”3445″ img_size=”large”][/vc_column][vc_column width=”3/4″][vc_column_text]Ontario’s Court of Appeal has upheld the trial court decision in Ruston v Keddco, [Ruston] which we initially blogged about here, sending a strong message to employers who make allegations of cause when dismissing their employees. Ruston involved an employee at an oil and petrochemical company who was dismissed by his […]
No “Tort of Harassment” in Ontario
[vc_row][vc_column width=”1/4″][vc_single_image image=”3445″ img_size=”large”][/vc_column][vc_column width=”3/4″][vc_column_text]The Ontario Court of Appeal has found in Merrifield v the Attorney General [Merrifield] that there is no “tort of harassment” in Ontario.
New Harassment Damages – Be Mindful of Potential Liability
[vc_row][vc_column width=”1/4″][vc_single_image image=”3445″ img_size=”large”][/vc_column][vc_column width=”3/4″][vc_column_text] Recently, Ontario courts have been faced with an increase of claims for harassment damages by employees claiming they have been mistreated by their employers.
Unfounded Allegations Against Dismissed Employees Can Be Costly
Dismissing an employee from their position can be one of the most challenging aspects of workplace management faced by employers.
Employer Liability for Moral and Punitive Damages
[vc_row][vc_column width=”1/4″][vc_single_image image=”2554″ img_size=”large”][/vc_column][vc_column width=”3/4″][vc_column_text]Because of the special nature of an employment relationship, employers have an obligation to act in good faith and to deal fairly with their employees.