by Stacey R. Ball | Jul 15, 2022 | General
As Canada continues to move further away from the worst of the pandemic, it is likely some employers may begin to remove mandatory vaccination policies. Originally, they were put in place to prevent the spread of a potentially deadly disease in the workplace,... 
by Stacey R. Ball | Jul 14, 2022 | General
The presumptive remedy for unjust dismissal is reinstatement with back pay. When tackling the appropriate remedy to award, adjudicators begin with reinstatement with back pay. Depending on the facts of the case, returning the employee to the workplace is the option... 
by Stacey R. Ball | May 29, 2022 | Cause for dismissal, General
Vaccine related decisions continue to be made as we move closer to the halfway point of 2022. We have discussed a number of these decisions in earlier blog posts: see here, here, here, and here, to name a few. Today we write about a decision made on April 4, 2022,... 
by Stacey R. Ball | May 28, 2022 | General
In an earlier blog post, we discussed the potential for courts to increase the notice periods awarded to employees where they are able to demonstrate clear mitigation efforts notwithstanding the many difficulties arising from the COVID-19 pandemic. At least two... 
by Stacey R. Ball | May 27, 2022 | General
In an earlier blog post, we discussed the possibility of employees rescinding, or “taking back”, their resignations. Much of that discussion focused on what makes a resignation valid. In a recent decision of the Ontario Superior Court, the issue of whether a... 
by Stacey R. Ball | May 26, 2022 | 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 or behaviour that can be interpreted as threats of violence. The Act further imposes an obligation on employers to take every... 