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Healthcare Worker Terminated for Refusing Vaccine

Healthcare Worker Terminated for Refusing Vaccine

Cause for dismissal General
Vaccine related decisions continue to be made as we move closer to the halfway point of 2022. We have discussed...
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Extended Reasonable Notice Due to COVID-19 Not Unique to Ontario Employees

Extended Reasonable Notice Due to COVID-19 Not Unique to Ontario Employees

General
In an earlier blog post, we discussed the potential for courts to increase the notice periods awarded to employees where...
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One Unlikely Story, One Voluntary Resignation

One Unlikely Story, One Voluntary Resignation

General
In an earlier blog post, we discussed the possibility of employees rescinding, or “taking back”, their resignations. Much of that...
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Threats in the Workplace: Cause for Termination

Threats in the Workplace: Cause for Termination

Cause for dismissal employee or dependent contractor General
Workplace violence, as defined under the Ontario Occupational Health and Safety Act, includes not only physical violence but also statements...
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British Columbia Court Finds Employee Handbook Unenforceable

British Columbia Court Finds Employee Handbook Unenforceable

General
In a 2021 decision of the British Columbia Supreme Court, Verigen v Ensemble Travel Ltd., an issue was raised regarding...
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Ontario Government Introduces Digital Rights for Employees

Ontario Government Introduces Digital Rights for Employees

General
Over the last two years, the global COVID-19 pandemic has facilitated significant changes to the way Canadians work. Workplaces have...
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Duty of Fair Representation Where Union Does Not Challenge Vaccine Mandate

Duty of Fair Representation Where Union Does Not Challenge Vaccine Mandate

General
In an earlier blog post this year, we looked at a case suggesting that unions that are unsuccessful in challenging...
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Secretly Recording Co-Workers: Just Cause for Dismissal?

Secretly Recording Co-Workers: Just Cause for Dismissal?

Cause for dismissal Employment Contracts Employment Law
In a recent decision of the British Columbia Supreme Court, Justice Branch was tasked with determining whether or not “the...
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Unsigned Employment Contract Upheld by B.C. Court

Unsigned Employment Contract Upheld by B.C. Court

Employment Contracts
Many employees might believe that because they never physically signed their written employment agreement, it does not apply to them....
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Non-Compete Provision Upheld Notwithstanding Working for Workers Act, 2021

Non-Compete Provision Upheld Notwithstanding Working for Workers Act, 2021

Employment Contracts Employment Law
In November 2021, the Ontario government passed the Working for Workers Act, 2021, new legislation that, among other things, prohibits...
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Alberta Court Upholds 4 Week Termination Clause

Alberta Court Upholds 4 Week Termination Clause

General
In Lawton v Syndicated Services Inc., the Alberta Provincial Court upheld a termination clause in an employment contract that limited...
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Terminating Probationary Employees: <a href=Canada (AG) v Alexis" />

Terminating Probationary Employees: Canada (AG) v Alexis

employee or dependent contractor Employment Law General Wrongful Dismissal
This decision concerns the termination of a public sector employee and the interplay between two pieces of legislation: the Federal...
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COVID-19 Vaccine Policies: Failure by Employee to Accept Reasonable Alternative

COVID-19 Vaccine Policies: Failure by Employee to Accept Reasonable Alternative

General
We have encountered a great deal of arbitration decisions relating to COVID-19 vaccination in the early days of 2022. Most...
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Unfair Investigation Leads to Termination: Rejected by Courts

Unfair Investigation Leads to Termination: Rejected by Courts

employee or dependent contractor Employment Law General Wrongful Dismissal
On March 7, 2019, Mr. Czerniawski had an argument with a co-worker. The encounter quickly became heated. Emotions were high,...
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Employment Contract Successfully Limits Common Law Reasonable Notice

Employment Contract Successfully Limits Common Law Reasonable Notice

Employment Contracts General
It is well known that employment contracts of an indefinite period (i.e., not fixed term contracts) give rise to a...
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Successor Employers and Reasonable Notice Periods

Successor Employers and Reasonable Notice Periods

employee or dependent contractor Employment Law General Wrongful Dismissal
In the event of a termination without cause, employees are generally entitled to a reasonable notice period. The purpose, of...
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Arbitration: Employee Must Disclose Vaccination Status

Arbitration: Employee Must Disclose Vaccination Status

employee or dependent contractor Employment Law General Wrongful Dismissal
An arbitration decision released January 12, 2022 has joined the persistently growing list of decisions upholding COVID-19 vaccination mandates, as...
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Emailing Your Lawyer from Your Work Email: Solicitor-Client Privilege

Emailing Your Lawyer from Your Work Email: Solicitor-Client Privilege

General Wrongful Dismissal
In Jean-Sébastien Leroux v. Proex Inc., 2022 ONSC 319, an employee made a mistake that no employee should make: they...
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Fixed Term Contracts as a Form of Reasonable Notice

Fixed Term Contracts as a Form of Reasonable Notice

Employment Contracts General
When considering the duration of an employment relationship, there are two primary options: either the employment period is for a...
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Duty of Fair Representation in Unions Opposing Mandatory COVID-19 Vaccines

Duty of Fair Representation in Unions Opposing Mandatory COVID-19 Vaccines

General
As mandatory vaccine policies continue to be implemented in workplaces across Ontario, many unionized employees are under the impression that...
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Abandonment or Termination: Wong v Polynova Industries Inc.

Abandonment or Termination: Wong v Polynova Industries Inc.

General Wrongful Dismissal
Did the employee abandon their employment, or was their employment terminated by the employer? That was an essential question in...
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Vaccine Policy Upheld, Despite Privacy Concerns

Vaccine Policy Upheld, Despite Privacy Concerns

General
On January 4th, only four days into the New Year 2022, Arbitrator Robert J. Herman released a decision regarding a...
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“Saving Clause” Does Not Save Illegal Contract

“Saving Clause” Does Not Save Illegal Contract

Employment Law General
A recent decision of the Ontario Superior Court, Campbell-Givons v. Humber River Hospital, like many others over the past year,...
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Fiduciary Employees: Impact Security Group Inc. v. Brown

Fiduciary Employees: Impact Security Group Inc. v. Brown

Employment Law General
In Canadian employment law, not all employees or dependent contractors are alike. Some, by virtue of their high position with...
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Dismissed Employee Turns to UBER Job for Support: Income Held Not to be Deductible from Damages Award

Dismissed Employee Turns to UBER Job for Support: Income Held Not to be Deductible from Damages Award

General
Generally speaking, a wrongfully dismissed employee has a duty to mitigate their damages by seeking alternative employment. If they are...
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New CIRB Decision Comments on Manager Exception to Unjust Dismissal

New CIRB Decision Comments on Manager Exception to Unjust Dismissal

Employment Law General
The Canadian Industrial Relations Board has released new decisions concerning the “managerial exception” found in section 167(3) of the Canada...
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Just Cause for Dismissal, According to the Saskatchewan Court of Appeal

Just Cause for Dismissal, According to the Saskatchewan Court of Appeal

Cause for dismissal General
In a recently released decision, the Saskatchewan Court of Appeal was tasked with determining whether or not an employer, the...
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Age Isn’t Everything: 61-Year-Old Gets 2 Months Notice

Age Isn’t Everything: 61-Year-Old Gets 2 Months Notice

Employment Law General
We often think of an employee’s old age as being a very commanding consideration in the determination of reasonable notice...
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Mandatory Vaccine Policy Does Not “Force” Employees to be Vaccinated, Says Federal Court

Mandatory Vaccine Policy Does Not “Force” Employees to be Vaccinated, Says Federal Court

General
In a recent decision, the Federal Court refused to grant an interlocutory injunction against a COVID-19 vaccination policy. The Applicants...
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Strong Start to 2022 for COVID-19 Vaccine-Related Terminations

Strong Start to 2022 for COVID-19 Vaccine-Related Terminations

employee or dependent contractor Employment Law
Throughout the previous year, we have seen many workplaces adopt controversial COVID-19 vaccine mandates. To some, it is a necessary...
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Sokoloff Lawyers Successful Injunction Against Former Employee

Sokoloff Lawyers Successful Injunction Against Former Employee

employee or dependent contractor Employment Contracts Employment Law General
In a recent decision of the Ontario Superior Court, popular personal injury law firm Sokoloff Lawyers won an injunction against...
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Constructive Dismissal Resulting in High Damage Award Upheld by Ontario Court of Appeal

Constructive Dismissal Resulting in High Damage Award Upheld by Ontario Court of Appeal

Cause for dismissal constructive dismissal employee or dependent contractor Employment Contracts Employment Law General Wrongful Dismissal
McGuinty v. 1845035 Ontario Inc. (McGuinty Funeral Home) is a case unlike many others, in the sense that it involved...
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Three Days of Work, Three Months of Pay: Dalton v. Fraser Valley Fire Protection Ltd.

Three Days of Work, Three Months of Pay: Dalton v. Fraser Valley Fire Protection Ltd.

Cause for dismissal constructive dismissal employee or dependent contractor Employment Contracts Employment Law General Wrongful Dismissal
Employers should expect to provide some compensation to employees they terminate without cause. The amount of compensation depends on a...
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What Makes a Manager? Saunders v WestJet, an Alberta Partnership

What Makes a Manager? Saunders v WestJet, an Alberta Partnership

employee or dependent contractor Employment Contracts Employment Law General
Ms. Saunders was an agency sales representative with WestJet, her employer. She was terminated from this position on July 29,...
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CERB Continuing to be Deducted from Wrongful Dismissal Damages (Or Not?)

CERB Continuing to be Deducted from Wrongful Dismissal Damages (Or Not?)

Cause for dismissal constructive dismissal General Wrongful Dismissal
I wrote a blog post this past August discussing the potential impact of Canada Emergency Response Benefit (CERB) payments on...
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The Necessity of Consideration – Matijczak v. Homewood Health Inc.

The Necessity of Consideration – Matijczak v. Homewood Health Inc.

employee or dependent contractor Employment Contracts Employment Law General
This recent decision of the British Columbia Supreme Court touches on a fundamental principle of contract law: that a contract...
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More Evidence that COVID-19 Can Increase Notice Periods

More Evidence that COVID-19 Can Increase Notice Periods

employee or dependent contractor Employment Contracts Employment Law General
Not long ago, the Ontario decision Kraft v. Firepower Financial Corp. demonstrated the willingness of courts to award higher notice...
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TTC Union Loses at Court: No Injunction for Vaccine Policy

TTC Union Loses at Court: No Injunction for Vaccine Policy

Cause for dismissal constructive dismissal employee or dependent contractor Employment Contracts Employment Law General Wrongful Dismissal
On September 7th, 2021, the Toronto Transit Commission announced its mandatory vaccination policy. According to this policy, employees or dependent...
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Mandatory Vaccination Policy Found Unreasonable in Arbitration

Mandatory Vaccination Policy Found Unreasonable in Arbitration

employee or dependent contractor Employment Contracts Employment Law General
In early November, 2021, Arbitrator John Stout was tasked with deciding whether or not the mandatory vaccination policy introduced by...
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British Columbia to Give Workers Five Days of Paid Sick Leave Beginning in 2022

British Columbia to Give Workers Five Days of Paid Sick Leave Beginning in 2022

employee or dependent contractor Employment Contracts Employment Law General
It was recently announced that, as of January 1st, 2022, British Columbia will be the first and only province in...
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The Consequence of Failing to Mitigate, Even During the COVID-19 Pandemic

The Consequence of Failing to Mitigate, Even During the COVID-19 Pandemic

Employment Law
The Consequence of Failing to Mitigate, Even During the COVID-19 Pandemic In recent Ontario decisions, terminated employees have been awarded...
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Currie v. Nylene Canada Inc. : Reasonable Notice Beyond 24 Months

Currie v. Nylene Canada Inc. : Reasonable Notice Beyond 24 Months

Severance Packages & Pay Lawyer
Currie v. Nylene Canada Inc. : Reasonable Notice Beyond 24 Months It is generally understood in the world of employment...
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No Injunction to Prevent Dismissal in Mandatory Vaccine Case

No Injunction to Prevent Dismissal in Mandatory Vaccine Case

Cause for dismissal Employment Law
No Injunction to Prevent Dismissal in Mandatory Vaccine Case   In the first of inevitably many Ontario court proceedings concerning...
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The Right to Disconnect: New Ontario Legislation

The Right to Disconnect: New Ontario Legislation

Employment Law
  The Right to Disconnect: New Ontario Legislation Ontario has recently proposed new legislation aimed towards giving workers the “right...
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The Long Haul to Work: Are you Entitled to be Paid for your Commute?

The Long Haul to Work: Are you Entitled to be Paid for your Commute?

General
The Long Haul to Work: Are you Entitled to be Paid for your Commute? For some very fortunate employees, it...
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Apology, No Job – A Serious Approach to Sexual Harassment at Work

Apology, No Job – A Serious Approach to Sexual Harassment at Work

Sexual harassment
No Apology, No Job – A Serious Approach to Sexual Harassment at Work The Ontario Court of Appeal recently upheld...
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Old Age: Reasonable Notice and Mitigation in Hettrick v. Triple F Paving Co. Ltd.

Employment Law
Ms. Beverley Hettrick was hired by her employer in 1996. She worked as a receptionist, bookkeeper and office manager and...
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Reasonable Notice: Length of Service Does Not Require Mathematical Certainty

Reasonable Notice: Length of Service Does Not Require Mathematical Certainty

Employment Contracts
Reasonable Notice: Length of Service Does Not Require Mathematical Certainty In determining reasonable notice of termination periods, courts today continue...
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Labour Arbitrator Has Exclusive Jurisdiction Even Over Human Rights Complaints

Labour Arbitrator Has Exclusive Jurisdiction Even Over Human Rights Complaints

Employment Law
Labour Arbitrator Has Exclusive Jurisdiction Even Over Human Rights Complaints A recent decision of the Supreme Court of Canada found...
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The Relevance Of Employee Sophistication

The Relevance Of Employee Sophistication

Cause for dismissal
The Relevance of Employee Sophistication on the Enforceability of “Just Cause” Termination Provisions A recent decision by the Ontario Superior...
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Employment Status and Uber Drivers

Employment Status and Uber Drivers

General
A popular legal issue in recent years concerns the employment status of workers in the “Gig” economy, such as Uber...
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National Day for Truth and Reconciliation: Not a Holiday in Ontario

National Day for Truth and Reconciliation: Not a Holiday in Ontario

General
The federal government passed legislation in June, 2021 recognizing September 30th as the National Day for Truth and Reconciliation. The...
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Mandatory Vaccines: Should We Expect the Same of Judges?

Mandatory Vaccines: Should We Expect the Same of Judges?

General
With mandatory vaccine policies becoming more and more common in all different kinds of employment settings and possibly employment contracts...
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Material Non-Disclosure in Ex Parte Application Leads to Court Overturning Order: Constructive Dismissal or Resignation?

Material Non-Disclosure in Ex Parte Application Leads to Court Overturning Order: Constructive Dismissal or Resignation?

General
Secure Resources Inc., the employer in a recent Alberta Court of Queen’s Bench decision, had been granted an Anton Piller...
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Can Your Employer Fire you for Attending Protests

Can Your Employer Fire you for Attending Protests

General
Over the past two years, Canadians have seen much larger and more frequent protests than in previous years. In 2020,...
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The Changed Substratum Doctrine: Celestini v Shoplogix Inc

The Changed Substratum Doctrine: Celestini v Shoplogix Inc

General
The “changed substratum doctrine” presents one way an employee can defeat the terms of their employment contract. In a recent...
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Wrongful Dismissal Damages and Bonus: Koski v Terago Networks Inc

Wrongful Dismissal Damages and Bonus: Koski v Terago Networks Inc

General
An employee who has been wrongfully dismissed and is entitled to reasonable notice at common law will be compensated based...
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Mitigation Efforts During COVID-19: Extension of Reasonable Notice Period

Mitigation Efforts During COVID-19: Extension of Reasonable Notice Period

General
In the recent Ontario decision Kraft v. Firepower Financial Corp., a dismissed employee was awarded a higher notice period due...
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Settlements: Sign Now, Not Later

Settlements: Sign Now, Not Later

General
Ideally, productive mediations lead to settlements. Unfortunately, mediations can sometimes take a very long time. It isn’t surprising that after...
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When and Where: The Importance of Time and Place in Bringing Employment Proceedings

When and Where: The Importance of Time and Place in Bringing Employment Proceedings

General
The legal process is complicated. When you aren’t familiar with it, it’s easy to make mistakes. Some of these mistakes...
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“Just Cause” Termination Provision Upheld: A Temporary Win for Employers

“Just Cause” Termination Provision Upheld: A Temporary Win for Employers

Employment Law
“CannonDesign maintains the right to terminate your employment at any time and without notice or payment in lieu thereof, if...
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Human Rights and Vaccines: The Ontario Human Rights Commission Weighs In

Human Rights and Vaccines: The Ontario Human Rights Commission Weighs In

General
As of September 22, 2021, the Ontario government is requiring individuals to prove they are fully vaccinated in order to...
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Mandatory Mask Policies – Not a Violation of Human Rights?

Mandatory Mask Policies – Not a Violation of Human Rights?

General
As of September 2021, our country is continuing to slowly reopen. As part of that slow reopening, we have seen...
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Reference Letters and Employer Risk

Reference Letters and Employer Risk

Employment Law
It is common for those who are leaving their jobs and seeking new employment to ask their former employer to...
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Your Rights in Ontario: Vacation Time and Vacation Pay

Your Rights in Ontario: Vacation Time and Vacation Pay

General
I Need a Vacation! What Are My Rights? Everybody needs a break once in a while. Maybe work is just...
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Wrongful Resignations

Wrongful Resignations

General
It is generally well understood that an employer ordinarily cannot fire you without providing you with either reasonable notice or...
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Age Discrimination at Work

Age Discrimination at Work

General
Age discrimination, otherwise referred to as ageism, can arise in a number of ways in the workplace. Ageism arises wherever...
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Workplace Romance: Cause for Dismissal?

Workplace Romance: Cause for Dismissal?

Cause for dismissal
Commonly, our workplaces become the places where we spend most of our time. The majority of our day is spent...
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What’s the Difference: Aggravated and Punitive Damages

What’s the Difference: Aggravated and Punitive Damages

General
Apart from receiving damages for wrongful dismissal, a dismissed employee also stands to benefit where aggravated and punitive damages are...
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Workplace Investigations Prior to Dismissal

Workplace Investigations Prior to Dismissal

Cause for dismissal constructive dismissal Wrongful Dismissal
At common law, employers do not have a duty to investigate allegations of misconduct prior to dismissing an employee. However,...
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An Employer’s Failure to Act in “Good Faith” May Invalidate Lawful Termination Clauses

An Employer’s Failure to Act in “Good Faith” May Invalidate Lawful Termination Clauses

Employment Law
An employee who is terminated without cause from their job is generally entitled to receive either reasonable working notice or...
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Is it Possible to Work Without an Employment Contract in Ontario?

Is it Possible to Work Without an Employment Contract in Ontario?

Employment Contracts
You do not need to sign an employment contract in order to work in Ontario. However, it is also not...
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Employment Abandonment

Employment Abandonment

Employment Law
Abandonment occurs where the words or actions of an employee, viewed objectively, would lead a reasonable person to conclude that...
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Bonus After Termination

Bonus After Termination

General
Many employees ordinarily receive a bonus in addition to their base salary. If such an employee is terminated from their...
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Government of Canada COVID-19 Support Extension

Government of Canada COVID-19 Support Extension

General
Although approximately 67% of Canadians are fully vaccinated as of August 2021, the Government of Canada is aware that COVID-19...
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When Can An Employee Rescind Their Resignation?

When Can An Employee Rescind Their Resignation?

Employment Contracts Employment Law General
Ideally, you would never resign from a job unless you were absolutely sure that you wanted to. But mistakes happen....
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Inducement: Increased Notice Periods

Inducement: Increased Notice Periods

General
If your employment has been terminated without cause, you are entitled to either a notice period or to pay in...
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How to Fulfil Your Duty to Mitigate

How to Fulfil Your Duty to Mitigate

General
Duty to Mitigate Overview Once dismissed, an employee assumes the duty to mitigate. This means they are expected to minimize...
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The Impact of CERB on Wrongful Dismissal Damages

The Impact of CERB on Wrongful Dismissal Damages

Cause for dismissal
In response to the COVID-19 Pandemic, the Canadian government introduced the Canada Emergency Response Benefit (CERB). The goal was to...
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Fired While Pregnant – How Much Notice?

Fired While Pregnant – How Much Notice?

General Wrongful Dismissal
It is hard to imagine a time where a steady income is more important than when you are bringing a...
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The Importance of Language in Employment Contracts: Termination Clauses

The Importance of Language in Employment Contracts: Termination Clauses

Employment Contracts
Employment contracts are complicated documents. They need to be just right. Any mistake, however small, could potentially be catastrophic. Entering...
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Is Two Weeks’ Notice Mandatory in Ontario?

Is Two Weeks’ Notice Mandatory in Ontario?

General
That’s it – you’ve had enough. You’re ready to quit your job. You know you’re supposed to tell your employer...
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Can You Terminate an Employee for Incompetence?

Can You Terminate an Employee for Incompetence?

General
As an employer, you will come to find that there are many different kinds of employees. Some are hardworking, reliable,...
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Can Your Employer Terminate You for Getting Another Job Offer?

Can Your Employer Terminate You for Getting Another Job Offer?

General
Even if you are happy with your current job, a day might come where you must choose between the job...
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Are You Working in a Toxic (or “Poisoned”) Work Environment?

Are You Working in a Toxic (or “Poisoned”) Work Environment?

General
Toxic (or “Poisoned”) Work Environments If you are working in an environment where you believe you are the victim of...
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Can You Be Fired Due to Insubordination?

Can You Be Fired Due to Insubordination?

General
What is Insubordination? Insubordination, or disobedience, occurs where an employee intentionally refuses to obey an employer’s lawful and reasonable order....
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Employment Insurance and Without Cause Termination

Employment Insurance and Without Cause Termination

Employment Contracts General
If you have been terminated without cause, you will be eligible to collect Employment Insurance (“EI”). If you were terminated...
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Are Work Hours Regulated in Ontario?

Are Work Hours Regulated in Ontario?

Employment Contracts
How many hours per week can your employer expect or require you to work? How many hours per day? These...
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Layoffs During The Covid-19 Period Can Be A Constructive Dismissal At Common Law

Layoffs During The Covid-19 Period Can Be A Constructive Dismissal At Common Law

General
In a recent decision of Coutinho v. Ocular Health Centre Ltd., 2021 ONSC 3076, the Ontario Superior Court ruled that...
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Saving Provisions In Termination Clauses Do Not Always Save The Day

Saving Provisions In Termination Clauses Do Not Always Save The Day

General
Employers include termination clauses in the employment contracts to limit employees’ termination entitlements once they are dismissed from work. However,...
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Severability Clause Cannot Save An Invalid Termination Provision

Severability Clause Cannot Save An Invalid Termination Provision

General
In the decision of North v. Metaswitch Networks Corporation, 2017 ONCA 790, the Ontario Court of Appeal (“ONCA”) reaffirmed the...
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Can Covid-19 Pandemic Have An Impact On The Common Law Reasonable Notice Period?

Can Covid-19 Pandemic Have An Impact On The Common Law Reasonable Notice Period?

General
With the Covid-19 pandemic dragging on, employers have to resort to restructuring and downsizing their business operations to stay afloat...
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Isolated Incident Without Any Prior Progessive Discipline Does Not Justify Termination For Just Cause

Isolated Incident Without Any Prior Progessive Discipline Does Not Justify Termination For Just Cause

General
In the recent decision of Czerniawski v. Corma Inc., 2021 ONSC 1514, the Ontario Superior Court of Justice ruled that...
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Pregnancy-an Important Factor In Determining The Length Of Reasonable Notice Period

Pregnancy-an Important Factor In Determining The Length Of Reasonable Notice Period

General
In a recent decision of Nahum v. Honeycomb Hospitality Inc., 2021 ONSC 1455, the Ontario Superior Court ruled that pregnancy...
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The Obligation To Notify: Enforcebility Of Harsh And Oppressive Terms In The Employment Contract

The Obligation To Notify: Enforcebility Of Harsh And Oppressive Terms In The Employment Contract

General
In the decision of Battiston v. Microsoft Canada Inc., 2020 ONSC 4286, the Ontario Superior Court of Justice ruled that...
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Unenforcable Termination For Cause Provision Can Render Entire Termination Provision Invalid

Unenforcable Termination For Cause Provision Can Render Entire Termination Provision Invalid

General
In 2020, the Ontario Court of Appeal held in Waksdale v Swegon North America Inc., 2020 ONCA 391 that if...
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Long Term Disability Claim Denials For Covid-19 Long-Haulers

Long Term Disability Claim Denials For Covid-19 Long-Haulers

Employment Law General
With the rampant growth of the Covid-19 cases, there are more and more employees who have unfortunately contracted the virus...
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What You Need to Know About Vaccination in the Workplace

What You Need to Know About Vaccination in the Workplace

General
As vaccination roll-out has been implemented across the country to combat the spread of Covid-19 and reduce the community transmission,...
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What You Need to Know About Family Caregiver Leave in Ontario

What You Need to Know About Family Caregiver Leave in Ontario

General
If one of your beloved family members has fallen sick due to the resurgence of Covid-19 cases, you may consider...
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What You Need to do if You are Laid Off by Your Employer

What You Need to do if You are Laid Off by Your Employer

General
Employers have taken initiatives to downsize their businesses due to the economic downturns caused by the rampant Covid-19 cases. Therefore,...
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A Guidance on How to Maintain Workplace Safety During the Covid-19

A Guidance on How to Maintain Workplace Safety During the Covid-19

General
Employers have an obligation to provide a safe work environment free from dangers under the Occupational Health and Safety Act....
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What You Need to Know About a Fixed-Term Employment Contract

What You Need to Know About a Fixed-Term Employment Contract

Employment Contracts
In this blog, we will explore some common issues that a fix-term contract employee may have in their employment relationship....
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The Difference Between Layoff and Termination

The Difference Between Layoff and Termination

Cause for dismissal
In this blog, we will illustrate the definitions of layoff and termination and the distinction between them. LAYOFF The Definition...
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Changes in the Employment Law Due to Covid-19: What You Need to Know

Changes in the Employment Law Due to Covid-19: What You Need to Know

Employment Law
Employees are facing new challenges in their workplace due to the Covid-19 pandemic. In this blog, we would like to...
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Can I Be Terminated For Taking a Vacation During the Covid-19 Pandemic?

Can I Be Terminated For Taking a Vacation During the Covid-19 Pandemic?

General
With the covid-19 pandemic rules set in place for over a year, quite a few people have been considering whether...
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Can I Be Terminated For Cause For My Public Actions Or Off-Duty Activities?

Can I Be Terminated For Cause For My Public Actions Or Off-Duty Activities?

Cause for dismissal
Recently, a number of Canadian politicians and high-profile officials at the corporations either had to step down from their office...
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Your Employment Rights During Covid-19

Your Employment Rights During Covid-19

General
The advent of the Covid-19 pandemic has reshaped the traditional working styles and reimagined the roles of offices in the...
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What You Need to Know About New Administrative Monetary Penalties Under the Canada Labour Code

What You Need to Know About New Administrative Monetary Penalties Under the Canada Labour Code

General
It is important for federal regulated employers to be aware of the newly introduced administrative monetary penalties under Part IV...
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Layoff, Temporary Layoff and Termination During the Covid-19

Layoff, Temporary Layoff and Termination During the Covid-19

General
The severity of the Covid-19 pandemic has exerted a huge impact on the Canadian economy, forcing employers to scale down...
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Recalling Employees to Work from a Temporary Layoff

Recalling Employees to Work from a Temporary Layoff

General
A Guidance on How to Recall Employees to Work from a Temporary Layoff With the community transmission of Covid-19 cases...
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How to Restrict a Departing Employee from Taking Clients from Business

How to Restrict a Departing Employee from Taking Clients from Business

General
Taking Clients From Former Employers It is common for employers to restrict their employees’ ability to work for a competitor...
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Infectious Disease Emergency Leave

Infectious Disease Emergency Leave

General
About Infectious Disease Emergency Leave  Employees are entitled to take infectious disease emergency leave if they are not performing job...
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Illegal Questions During a Job Interview

Illegal Questions During a Job Interview

General
Illegal Interview Questions Employers can hire a job applicant according to their personal preferences. However, when it comes to asking...
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Workplace Safety and OLRB Complaint

Workplace Safety and OLRB Complaint

General
The Occupational Health and Safety Act (OHSA) stipulates that employers have a duty to protect their employees from health and...
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What Should I Do If I Am Being Harassed At Work?

What Should I Do If I Am Being Harassed At Work?

General
From outright discrimination to workplace bullying, employees can be harassed in a number of ways at work. It is important...
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My Employer Is Forcing Me To Leave My Job, What Should I Do?

My Employer Is Forcing Me To Leave My Job, What Should I Do?

constructive dismissal
Generally, the law provides some protection to employees when the employer wants to fire them. For example, the Ontario Employment Standards...
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Constructive Dismissal During Covid-19

Constructive Dismissal During Covid-19

constructive dismissal
A constructive dismissal is where an employer makes a substantial change to the terms of an employee’s employment without the...
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Can My Employer Fire Me If I Don’t Want To Go To Work Because Of Covid-19?

Can My Employer Fire Me If I Don’t Want To Go To Work Because Of Covid-19?

constructive dismissal
Employees nowadays are worried about getting back to work, given the severity of the Covid-19 pandemic. They are afraid of...
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Wrongful Dismissal FAQ

Wrongful Dismissal FAQ

Cause for dismissal
9 Most Popular FAQ about Wrongful Dismissal  1. Does my written employment contract encompass all my rights? In Ontario, all...
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Sick Day in Ontario

Sick Day in Ontario

General
If an employee is sick, incapacitated or hurt physically for any reason, they can take days off work. The days...
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Should You Accept Alternate Work In Same Company

Should You Accept Alternate Work In Same Company

General
Sometimes, after an employee is constructively dismissed or terminated, the employer later offered them a job at the same company....
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How COVID-19 Impacted Employment Insurance in Ontario

How COVID-19 Impacted Employment Insurance in Ontario

employee or dependent contractor General
COVID-19 has brought about significant impact on Canadian economy and therefore resulted in considerable instability in the labour market, and...
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Employment Insurance Improvements

Employment Insurance Improvements

General
Since 2016, the Government of Canada has been making improvements to the Employment Insurance (EI) program, in order to better...
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Basic Worker Rights in Ontario

Basic Worker Rights in Ontario

General
3 BASIC RIGHTS OF WORKERS IN ONTARIO-WHAT YOU MUST KNOW Every person employed in Ontario has the right to work...
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Signs of Toxis Workplace

Signs of Toxis Workplace

General
5 SIGNS YOU ARE IN A POISONED WORKPLACE All employees have the right to work in an environment free from...
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Rules of Termination in Ontario

Rules of Termination in Ontario

General
List of Rules Which Apply to Ontario Employers in Cases of Mass Termination Pursuant to section 58(1) of the Employment...
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Reinstatement Rights in Ontario

Reinstatement Rights in Ontario

General
What is Reinstatement Reinstatement can occur under certain circumstances where an employee who has been terminated is entitled to resume...
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Workplace Suspension in Ontario

Workplace Suspension in Ontario

General
What is Workplace Suspension Work suspension occurs when an employer relieves an employee of their duties, but the employment relationship...
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Termination Lawyer Toronto

Termination Lawyer Toronto

Employment Contracts Severance Packages & Pay Lawyer
An employer does not need a good reason, or any reason at all, to terminate an employment relationship. However, the obligations of the employer and what is owed to the employee after termination depends on whether an employee was terminated “with cause” or “without cause.”
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Termination for Poor Performance

Termination for Poor Performance

Employment Law
 Guide on How to Terminate an Employee for Poor Performance Under the Canadian jurisprudence, the threshold of terminating an employee...
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HOW TO RESTRICT A DEPARTING EMPLOYEE FROM TAKING CLIENTS FROM BUSINESS

HOW TO RESTRICT A DEPARTING EMPLOYEE FROM TAKING CLIENTS FROM BUSINESS

Employment Law
Taking Clients From Former Employers It is common for employers to restrict their employees’ ability to work for a competitor...
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Employment Insurance Entitlements after Termination

Employment Insurance Entitlements after Termination

General
Employees are usually terminated with two classifications. Either the termination is with cause or without cause. The latter is usually...
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Can Your Employer Reduce Your Salary?

Can Your Employer Reduce Your Salary?

constructive dismissal
Employers cannot alter a fundamental term of your employment without first letting you know. If they do, they put themselves...
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Can Employers Change Your Work Schedule?

Can Employers Change Your Work Schedule?

constructive dismissal
Different workplaces have differing expectations of an employee’s schedule of work. An employee who has been with a company for...
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Bringing Claims After An Executed Release

Bringing Claims After An Executed Release

Severance Packages & Pay Lawyer
After a termination has occurred, employers are quick to offer their dismissed employees a full and final release to be...
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Bonus Payments During Notice Periods

Bonus Payments During Notice Periods

Severance Packages & Pay Lawyer
In the case of Singer v. Nordstrong Equipment Limited, 2017 ONSC 5906, the court held that while the Plaintiff was...
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No Interruption in Employee’s Length of Service Despite “New” Corporate Structures

No Interruption in Employee’s Length of Service Despite “New” Corporate Structures

Employment Contracts
The Ontario Court of Appeal released its decision and confirmed that courts will overlook the differing corporate structures utilized by...
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Not All Contract Breaches

Not All Contract Breaches

Cause for dismissal
A B.C. Court recently held that an employer did not have just cause to dismiss an employee even though the...
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Absenteeism and Lateness in the Workplace

Absenteeism and Lateness in the Workplace

Employment Law
This article will explore what constitutes workplace discrimination, the relevant human rights legislation, the prohibited grounds of discrimination, the legal test for establishing a “prima facie” case for discrimination and some defences that are available for respondents.
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Workplace Sexual Harassment

Workplace Sexual Harassment

Sexual harassment
This article will explore what constitutes workplace discrimination, the relevant human rights legislation, the prohibited grounds of discrimination, the legal test for establishing a “prima facie” case for discrimination and some defences that are available for respondents.
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Short Term Disability, Long Term Disability and Frustration of Contract

Short Term Disability, Long Term Disability and Frustration of Contract

General
This article will explore what constitutes workplace discrimination, the relevant human rights legislation, the prohibited grounds of discrimination, the legal test for establishing a “prima facie” case for discrimination and some defences that are available for respondents.
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Remedies Available in Human Rights Claims

Remedies Available in Human Rights Claims

Employment Law
This article will explore what constitutes workplace discrimination, the relevant human rights legislation, the prohibited grounds of discrimination, the legal test for establishing a “prima facie” case for discrimination and some defences that are available for respondents.
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Probationary Period Rights in Ontario

Probationary Period Rights in Ontario

Employment Law
This article will explore what constitutes workplace discrimination, the relevant human rights legislation, the prohibited grounds of discrimination, the legal test for establishing a “prima facie” case for discrimination and some defences that are available for respondents.
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Overtime Pay in Ontario for Salaried Employees

Overtime Pay in Ontario for Salaried Employees

General
This article will explore what constitutes workplace discrimination, the relevant human rights legislation, the prohibited grounds of discrimination, the legal test for establishing a “prima facie” case for discrimination and some defences that are available for respondents.
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Family Status Discrimination

Family Status Discrimination

General
Section 5 of the Ontario Human Rights Code (the “Code”) protects from discrimination and harassment in the workplace, including on the basis of family status.
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Human Rights and Discrimination in Employment Law

Human Rights and Discrimination in Employment Law

Employment Law
This article will explore what constitutes workplace discrimination, the relevant human rights legislation, the prohibited grounds of discrimination, the legal test for establishing a “prima facie” case for discrimination and some defences that are available for respondents.
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Defamation in the Workplace

Defamation in the Workplace

Employment Law
Defamation, as a legal concept, requires three things to be established on a balance of probabilities before a comment is considered defamatory.
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Duty to Accommodate in Employment Law and Undue Hardship

Duty to Accommodate in Employment Law and Undue Hardship

Employment Law
Employers have a duty to accommodate their employees. In Ontario there is legislative recognition of this duty under s.11(2), 17(2) and 24(2). The duty as stated in the Syndicat case is intended to “ensure that an employee who is able to work can do so”
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Katz et al v Clarke: The Duty to Accommodate, Frustration of Contract and Termination

Katz et al v Clarke: The Duty to Accommodate, Frustration of Contract and Termination

Severance Packages & Pay Lawyer
The Ontario Divisional Court has upheld that the employer may terminate an employee with a disability when there is undisputed medical evidence that an employee will be unable to fulfill the essential obligations of the employment relationship for the foreseeable future and there are no accommodations that would allow the employee to work.
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New Law About Overtime Pay

New Law About Overtime Pay

Employment Law
Bill 66 is a new bill in Ontario that will have very real consequences for employees. In particular, there are...
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Sexual Harassment

Sexual Harassment

Sexual harassment
Sexual harassment is an unfortunately reality in today’s society, and workplaces are not immune. However, everyone has the right to...
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Largest Monetary Award for Constructively Dismissed Employee

Largest Monetary Award for Constructively Dismissed Employee

Employment Law
The Superior Court of Justice awarded $1.3 million to a constructively dismissed employee who was on a fixed-term contract. This...
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Entitlement to a Pro-Rated Bonus

Entitlement to a Pro-Rated Bonus

Employment Law
In the recent case Andros v Colliers Macaulay Nicolls Inc., 2019 ONCA 679, the Ontario Court of Appeal discusses entitlement...
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Andros v Colliers Macaulay Nicolls Inc., 2019 ONCA 679:  Interpretation of Termination Clauses

Andros v Colliers Macaulay Nicolls Inc., 2019 ONCA 679: Interpretation of Termination Clauses

Employment Law
In Andros, the Ontario Court of Appeal discussed the interpretation of a termination clause. There were discussions regarding ambiguity within...
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Confidentiality Provisions in Settlement Agreements

Confidentiality Provisions in Settlement Agreements

Employment Law
Settlement privilege applies during settlement negotiations and could potentially extend to completed settlement agreements (Sable Offshore Energy Inc. v Ameron...
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“Equal Pay for Equal Work” in Ontario

“Equal Pay for Equal Work” in Ontario

Severance Packages & Pay Lawyer
You may have heard the phrase “equal pay for equal work”. In Ontario, this means that an employer cannot pay...
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Terminated for Just Cause

Terminated for Just Cause

Employment Law
In Ontario, an employer can terminate an employee for “just cause”, meaning they have a legitimate reason to dismiss them...
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Keenan v. Canac

Keenan v. Canac

Employment Law
The ONCA dismissed the appeal of the Appellant (Defendant) in the case of Keenan v. Canac Kitchens, 2016 ONCA 79....
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Independent Contractor v. Employee

Independent Contractor v. Employee

employee or dependent contractor Employment Contracts
What’s the Difference? Businesses use a variety of different workers for varying purposes. Employees may be hired for indefinite or...
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Can An Employee Be Incorporated?

Can An Employee Be Incorporated?

Employment Law
What is a Personal Services Business? A person services business (PSB) is a business operating as a corporation that provides...
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Dependent Contractor v. Employees

Dependent Contractor v. Employees

employee or dependent contractor Employment Contracts
What is a Dependent Contractor? A workers relationship generally falls into one of three classifications: employee, dependent contractor or independent...
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How to Contest a Wrongful Dismissal

How to Contest a Wrongful Dismissal

Employment Law Wrongful Dismissal
Employers in Canada are bound under both federal and provincial legislation to provide reasonable notice or pay in lieu of...
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Review of most recent updates to Labour and Employment Law under BILL 66 in Ontario

Review of most recent updates to Labour and Employment Law under BILL 66 in Ontario

Employment Law
Bill 66 is a new bill that was introduced in Ontario on December 6, 2018. Its official name is the...
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Employment status: difference between EMPLOYEE and CONTRACTOR

Employment status: difference between EMPLOYEE and CONTRACTOR

employee or dependent contractor
If you have recently been terminated from your job, there is no doubt you will have questions. For example, you...
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Watch Mr. Ball making a winning argument before the entire Supreme Court of Canada​

Watch Mr. Ball making a winning argument before the entire Supreme Court of Canada​

General
​A Toronto company is inviting legal trouble with an ad specifically seeking female applicants because the job involves receptionist work,...
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Global News November. 23, 2015

Global News November. 23, 2015

General
​A Toronto company is inviting legal trouble with an ad specifically seeking female applicants because the job involves receptionist work,...
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ITWC Talks Published on July 24, 2014

ITWC Talks Published on July 24, 2014

General
Rafael Ruffolo sits down with Stacey Ball, an employment lawyer with Ball & Associates. How to Get the Severance Package...
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