May the Law Be with You: Assessing Gina Carano’s Dismissal Within Ontario’s Legal Framework
A recent time ago in a jurisdiction not so far away, actress Gina Carano, known for her role in the popular show, The Mandalorian, found herself embroiled in a high-profile dispute with Disney and LucasFilm following her dismissal from the show as a result of her controversial social media posts. Inflammatory social media posts made […]
Significant Human Rights Damages Awarded to Vulnerable Worker Due to Sexual Assault and Exploitation
In LN v Ray Daniel Salon & Spa and Reza Khosravi [LN], the Human Rights Tribunal of Ontario (“HRTO”) awarded the employee $180,000 in general damages—the second highest damages award in Ontario to date—for sexual harassment, sexual solicitations/advances, sex-based and citizenship-based discrimination, and reprisal. The HRTO considered the particularly precarious position of the employee in […]
Former Senior Executive Personally Liable to Pay $50,000 in Punitive Damages to Employer
Senior executives owe a fiduciary duty to their employers, as they have the power to make decisions that can leave their employers vulnerable. A decision from the Court of King’s Bench of Alberta (“ABKB”), Breen v Foremost Industries Ltd. [Breen], illustrates the consequences of a senior executive (the “Employee”) deliberately breaching his fiduciary duty, among […]
Clear Investigation Leads to Clear Cause: Recent Decision Showcases Importance of Proper Workplace Investigations
When addressing workplace harassment, the power of a thorough workplace investigation can be instrumental in justifying termination of employment for cause. The recent arbitration decision of Health Sciences Association of Alberta v Alberta Health Services [Health Sciences Association] illustrates how following a transparent and good faith investigation process that balances employee rights and adherence to […]
Mitigation Matters: Former Employee Awarded Full 24-Month Notice Period Despite Imperfect Job Search
In Jimmy How Tein Fat v. PRGX Canada Corp. [PRGX], the Ontario Superior Court of Justice (the “Court”) awarded a 24-month notice period equivalent to nearly $1.6 million to a dismissed employee. While the Court acknowledged that the employee’s efforts to mitigate his damages by searching for alternative employment were imperfect, the employee was still […]
Short but Not-So-Sweet: Short-Service Employee Granted Notice Period Exceeding 5 Months
While many employers realize the increased liability of dismissing long-service employees, they should also be aware of the risks associated with dismissing short-service employees. In the recent decision of Grimaldi v CF+D Custom Fireplace Design Inc [Grimaldi], the Ontario Superior Court of Justice (the “Court”) awarded more than five months of reasonable notice to an […]
Deadline for New Licensing Requirements for Temporary Help Agencies and Recruiters Extended to July 1, 2024
The Working for Workers Act, 2021 previously amended the Employment Standards Act, 2000 [ESA] to introduce a mandatory licensing regime for temporary help agencies (“THAs”) and recruiters operating/acting in Ontario. We provided a detailed summary of this new licensing requirement in our previous blog and noted that as of January 1, 2024, THAs and recruiters […]
Construction Site Owner Found to be an Employer Under OHSA Despite Lacking Direct Control over Employee
Under the Occupational Health and Safety Act [OHSA], employers have a duty to ensure that health and safety measures are implemented and carried out in the workplace. In scenarios where third-party contractors perform work for the owner of a construction site, there is uncertainty around whether the owner meets the definition of “employer” under the […]
Upcoming Changes to Notice of Termination Requirements Under Canada Labour Code
Significant amendments to the Canada Labour Code [CLC], introduced by Budget Implementation Act, 2018, No. 2, will come into effect on February 1, 2024. These amendments will bring about a substantial transformation in the notice of termination requirements for federally regulated employers, establishing a graduated system based on an employee’s years of service, similar to […]
Three-Day WSIB Reporting Deadline for Work-Related Accidents Now in Effect
The Workplace Safety Insurance Board (“WSIB”) has amended its Operational Policy Manual to implement changes in employer reporting obligations for work-related accidents. Including a new deadline for employers to file a report of workplace injury. Under the new reporting deadline, employers must report any work-related accidents that occurred on or after September 29, 2023 within […]