Williams HR Law LLP

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 […]

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 […]

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 […]