Mondaq Canada: Employment and HR
McCarthy Tétrault LLP
A recent decision from the Manitoba Court of Queen's Bench supports that an employee's use of his work phone to secretly record meetings with management may support an employer's decision to terminate for just cause.
CCPartners
An Ontario arbitrator has upheld the termination of a nurse, "SM", on the basis that she was stealing narcotic drugs from her employer and patients at Cambridge Memorial Hospital.
Roper Greyell LLP – Employment and Labour Lawyers
In Sateri (Shanghai) Management Limited v. Vinall, 2017 BCSC 491, the B.C. Supreme Court summed up the law governing how far a departing employee can go in effectively assisting a new employer, ...
Devry Smith Frank LLP
After her second violation of the ESPN Network's social media guidelines, host Jemele Hill has been suspended.
Roper Greyell LLP – Employment and Labour Lawyers
A recent decision of the Ontario Court of Appeal acts as a cautionary tale for all employers when it comes to conducting (or not conducting) workplace investigations.
Norton Rose Fulbright Canada LLP
Like most regulated trades, carpenters undertake an apprenticeship program which consists of on-the-job and in school training.
Integritas Workplace Law Corporation
A workplace investigation that is not done properly can result in significant legal liability for an employer and sometimes, even the investigator.
Integritas Workplace Law Corporation
In its recently released decision of Stewart v. Elk Valley Coal Corp, 2017 SCC 30, the Supreme Court of Canada held that an employer had cause to dismiss Ian Stewart, a mine worker...
McMillan LLP
With the proliferation of contractors in the modern economy, the number of debates about employee status - is this an employee or a contractor? - continues to increase.
Devry Smith Frank LLP
In a previous blog post we discuss the call for a strike that Ontario's colleges faculty members will vote for in the fall...
McMillan LLP
A recent decision of the Ontario Superior Court of Justice is bucking the summary judgment trend in wrongful dismissal cases.
Lerners
Many spousal support payors assume that their spousal support obligations will end when they retire. If you are paying support to a former spouse, however, don't assume that your support obligations will end with your employment.
Integritas Workplace Law Corporation
It is not uncommon for employment agreements to include a probationary clause. The rationale behind a probationary period is to enable the parties to determine whether a continued employment relationship is viable.
Integritas Workplace Law Corporation
In Buchanan v Introjunction Ltd., 2017 BCSC 1002, the BC Supreme court made it clear that, in the absence of an express contractual provision to the contrary, an employer can be liable for damages...
Stringer LLP
As offences under the Occupational Health and Safety Act garner an increasing amount of public attention, the penalties to which employers, supervisors and other workplace parties have been subject are also on the upswing.
Howie, Sacks & Henry
It's been said that "what we do during our working hours determines what we have; what we do in our leisure hours determines what we are."
Dentons
After only two months on the job, an equipment operator/driver was terminated by his employer.
Norton Rose Fulbright Canada LLP
These new grounds would be in addition to the prohibited grounds already covered in the Code, with one notable exception, as explained below.
Thompson Dorfman Sweatman LLP
In the world of human resources, issues surrounding employee misconduct and discipline are becoming increasingly complex and difficult to navigate
CCPartners
In Doyle v. Zochem the Ontario Court of Appeal upheld a $60,000.00 award for moral damages to an employee who was dismissed in bad faith. In addition, the employee was awarded ten (10) months' salary..
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Howie, Sacks & Henry
Ah, the fine print. Lawyers always read the fine print because we so often need to refer to it in our cases.
MacDonald & Associates
The Supreme Court of Canada's decision in Saadati v. Moorhead is making waves in the personal injury bar for its ruling that a plaintiff alleging a mental injury is not required to adduce medical....
DLA Piper
Parents who elect to receive their benefits over an 18-month period will receive benefits at a lower rate of 33% of average weekly earnings.
Cassels Brock
On June 1, 2017, the government introduced Bill 148, the Fair Workplaces, Better Jobs Act, 2017.
Norton Rose Fulbright Canada LLP
Performance management is always a challenge for employers. Termination for cause on the basis of poor performance is trickier.
Jewitt McLuckie & Associates
There has been a consensus among Ontario arbitrators that where a worker's misconduct is connected directly to a disability such as addiction, then termination is not appropriate...
Borden Ladner Gervais LLP
​The Superior Court of Justice affirmed the Tribunal's decision that in certain circumstances, the employer's procedural duty to accommodate may permit the employer to request an IME.
Fogler, Rubinoff LLP
Employers will be required to pay their employees equal pay for equal work regardless of whether they are full-time, part-time, temporary, seasonal or casual.
MacDonald & Associates
A week after the release of the Report, the Ontario government released its own set of suggested changes to the ESA, largely omitting the recommendations in the Report.
BOYNECLARKE LLP
On July 1, 2018, the possession of marijuana, referred to as cannabis in the legislation will become legal in Canada.
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