News & Events
Violation of Public Health Requirements and Termination for Cause
February 22, 2021
While cases before the courts will wind their way through slowly, labour arbitration hearings can move at a quicker pace. Some COVID issues have already been decided in the collective bargaining context. Of note is a recent arbitration decision in the federal context which upheld the termination of a worker for attending at work and
Expertise
Employment Law
Toronto Employers – Additional COVID-19 Protocols and Protections Introduced
January 11, 2021
Over the past months we have all seen just how quickly the rules and regulations in response to COVID-19 have and can change in the interest of protecting public health and safety. On January 4, 2021, with immediate effect, Toronto’s Medical Officer of Health instituted additional operational guidelines for employers. The new operational requirements are
Expertise
Employment Law
Update – COVID-19 and Employment in Ontario: What you need to know for January 2021
December 18, 2020
Update: On the evening of December 17th the Ontario Government announced the extension of Infectious Disease Emergency leave to July 3, 2021. To view the press release, please click here. While the COVID-19 Period is slated to end January 2, 2021, employers will still need to be compliant with all orders of public health and
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Employment Law
The HRTO Reminds us that Steps to Enforce Terms of Settlement Require Timely Action
November 24, 2020
Schweizer v. The Corporation of the Town of Whitchurch-Stouffville (“Schweizer v. Whitchurch-Stouffville”), provides procedural reminders with respect to the enforcement of settlements entered into in matters before the Human Rights Tribunal (“HRTO”) of Ontario. The applicant, a former employee of the respondent, alleged discrimination with respect to her employment. The parties entered into Minutes of
Expertise
Employment Law
Workplace Safety and Insurance Appeal Tribunal Bars Constructive Dismissal Action
November 18, 2020
Facts The complaining Employee was employed as a housekeeper at a hotel in Niagara Falls, Ontario where she was allegedly harassed and taunted by her colleagues and supervisor for having an unpleasant odour and for other matters related to a diagnosed medical condition. While still working at the hotel, the Employee filed a human rights
Expertise
Employment Law
Racial Discrimination Complaints and EDI Policies and Training
October 28, 2020
In June 2020, the Ontario Human Rights Tribunal ruled in favour of an applicant who was the victim of a racial slur during the course of being served at a local pizza franchise. The applicant had just ordered lunch with his friends from high school when one member of the group accidentally cracked a window
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Employment Law
What has 2020 taught us so far?
September 28, 2020
It has been a tumultuous year in the land of employment law in Canada. What had become viewed as rock solid termination provisions began to get thrown out at the end of 2019 in the Court of Appeal decision in Andros v. Colliers Macaulay Nicolls Inc. and 2020 has seen several other decisions, including Waksdale
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Employment Law
COVID-19 UPDATE: The Ontario Government Extends Support for Employers and Employees
September 4, 2020
In our June 3, 2020 Blog titled O. Reg. 228/20- Ontario Government Effort to Avoid Deemed Terminations and the Onslaught of Constructive Dismissal Claims Under the ESA, we provided you with details of a critical amendment to the Employment Standards Act, 2000(“ESA“), which prevented temporary layoffs due to COVID-19 from automatically becoming a permanent job
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Employment Law
It’s Time to Review Your Termination Provisions…Again!
August 5, 2020
Waksdale v. Swegon North America Inc.: Unenforceable “For Cause” Termination Provisions Render “Without Cause” Termination Provisions Null and Void Over the past few years, the Ontario Court of Appeal has released a number of decisions considering the enforceability of termination provisions. For the most part, the recent jurisprudence has focused on the necessary wording and
Expertise
Employment Law
Unconscionability at the heart of the SCC Decision to permit the Uber Class Action for ESA infringement to proceed
July 6, 2020
The inequality of bargaining power in the employment relationship has now been a long recognized fact by Canadian Courts. Now, whether or not the Uber drivers forming the ‘class’ pursuing action against Uber are employees or not has yet to be determined. The action seeks to declare them employees and seeks damages for infringement of
Expertise
Employment Law