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 notice to a 28-year-old employee with four and a half months of service—an unusually large award in the circumstances—after considering that she had been […]
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 employee for cause,
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 Has Declared a Second State of Emergency in Response to COVID-19 and Announced a Stay-at-Home Order and Other New Measures
On January 12, 2021, the Ontario government declared a state of emergency in response to the COVID-19 pandemic for a second time, and announced that it will issue a stay-at-home order and implement other new measures to help curb the transmission of COVID-19. The emergency was declared under the Emergency Management and Civil Protection Act […]
A New Federal Benefit for Workers Affected by COVID-19 has been Announced: The Canada Emergency Response Benefit
On March 25, 2020, Prime Minister Justin Trudeau announced a new federal benefit for workers who have lost their income as a result of COVID-19,
Analyzing Entitlement to Personal Emergency Leave
Under the Employment Standards Act, 2000 (“ESA”), employers and employees cannot contract out of an ESA minimum entitlement.