“… never fear, a workplace investigation will to get to the bottom of these allegations. Yes, that’s right, a fair and impartial investigation. Your Spidey sense tingles, and you fear this is all a charade, a scam intended to railroad and bully you into leaving the company. You are likely correct. Be afraid, be very […]
Please be advised that as of April 6, 2021 Camberwell House will no longer be supplying employment law services. We thank our past clients for their patronage, and wish them the best as we move to a more focused and specialized set of services.
Last year, the Ontario Court of Appeal [ONCA] in a case called Waksdale v Swegon North America Inc. [“Waksdale“] said that a termination clause in an employment contract must be looked at in its entirety, and so invalid clauses can invalidate valid clauses, even where they are separate and governed by a severance clause. The […]
On October 23, 2020 the Supreme Court of Canada in Owners, Strata Plan LMS 3905 v. Crystal Square Parking Corp. 2020 SCC 29 clarified the law on whether or not a corporation is bound by a contract made for it before it was incorporated. Generally, a corporation isn’t bound by a pre-incorporation contract. However, once […]
Jeff Dutton (of Dutton Employment Law) has written a very useful article on First Reference (also found on the firm’s blog here): “30 tips for a reasonable workplace investigation“.
Monika B. Jensen Ph.D, principal of the Aviary Group, a specialist human resources firm, provides an excellent summary of mandatory, recommended and helpful policies that employers should have: … Mandatory HR policies required by law in Ontario. […] 1. General health and safety policy 2. Violence policy 3. Harassment policy 4. Domestic violence policy 5. […]
On October 23, 2018, the new Conservative Ontario government introduced Bill 47, the “Making Ontario Open for Business Act”, getting rid of parts of “Bill 148”, the former Liberal government’s “Fair Workplaces, Better Jobs Act, 2017” Changes to Employment Standards Act and Labour Relations Act and the College of Trades legislation. This is a summary […]
From De Bousquet PC Barristers and Solicitors: “…there is an increasing willingness on the part of the HRTO to grant significant monetary awards to discriminated employees. However, it seems that an employer’s conduct must be of a particularly egregious nature to warrant such a significant award.”
Michael Comartin of Ogletree Deakins provides us with this: “Ontario employers may want to be mindful of their obligations with respect to employee voting rights on Election Day. This means not only understanding what the law requires of employers but also what it does not require, as employees often have misconceptions about what their rights […]
Leah Schatz of MLT Aikins LLP brings an interesting Saskatchewan case to our attention: the upheld termination for cause of an employee with a 40-year zero-discipline record who piled up a number of serious misconduct violations at the end of her time there. Two key takeaways: Infractions meriting termination and refusal to correct conduct can […]