Category: Employment etc.

“Ontario to Revoke New Holiday Pay Calculation Rule”

“The Ontario government has announced that it will reverse a Bill 148 amendment on the calculation of public holiday pay. The Bill 148 amendment, which came into force on January 1, 2018, was highly criticized by employers as costly and confusing. For example, the Bill 148 calculation required the payment of a full day of […]

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“BC case shows how employers should NOT handle workplace harassment”

Workplace investigation alert: BC case shows how employers should NOT handle workplace harassment Rubin Tomlinson LLP feels that there are four key lessons from the case: 1. A good harassment policy is an employer’s best friend. 2. A harassment policy and program must address harassment from ALL sources. 3. Putting up with harassment cannot be […]

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Grounds for discipline isn’t necessarily grounds for firing, and checking your facts

Vey Willetts LLP, an Ottawa employment law firm, draws our attention to an interesting case where a supervisor arguably turned herself into an advocate for an employee the employer College didn’t want, rather than act as a supervisor and representative of the College: “Ontario court overturns just cause dismissal and awards over $97,000 in damages”. […]

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“How NOT to work with your employment lawyer”

Nadia Zaman and Stuart Rudner of Rudner Law have an excellent article, “How NOT to work with your employment lawyer“. Best read in its entirety. How NOT to work with your employment lawyer

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The OHSA may require you to meet more than the minimums

The OHSA may require you to meet more than the minimums

“It may not be possible for all risk to be eliminated from a workplace […] but it does not follow that employers need do only as little as is specifically prescribed in the regulations. There may be cases in which more is required – in which additional safety precautions tailored to fit the distinctive nature […]

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Major Changes to Statutory Leaves of Absence Are Underway

Carl Cunningham, Talia Bregman and Tyler Henderson of Bennett Jones bring our attention some of the biggest implemented or pending changes to statutory absences in Ontario labour law.  Some of those key changes: Pregnancy leave goes from 35 to 61 (unpaid) weeks. Parental leave goes from 37 to 67 (unpaid) weeks. Family medical leave (to […]

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Human Rights Tribunals: wider employment jurisdiction w/o clear limits

The complainant and Mr. Schrenk were working on a construction project for different employers. The complainant alleged that Mr. Schrenk made three derogatory statements relating to the complainant while on the worksite, and later sent offensive emails for which he was terminated. The question before the Supreme Court of Canada was a jurisdictional one: did […]

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Secret recording by employee may justify termination

Donovan Plomp of McCarthy Tétrault draws our attention to an interesting decision from the Manitoba Court of Queen’s Bench:  “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”.  It is especially interesting because the employer found out about the recordings after […]

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“No return to work in the foreseeable future: an undue hardship for employers”

Ariane Villemaire and Céleste Brouillard-Ross of Lavery Lawyers in Quebec bring out attention to an employer-positive decision coming out of Quebec (Ville de Forestville c. Tribunal administratif du travail, 2017 QCCS 3999) on the issue of what constitutes “undue hardship … justifying a non-discriminatory administrative dismissal, where there is no evidence that the employee will […]

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Bill 148 and the government attack on independent contracting

Among the many provisions of Bill 148 is the Ontario government’s intention to hire many more employment standards officers (175) and send them out into the business world (you know, the folks that pay taxes) with a mandate to classify independent contractors as employees and then sanction the business now deemed to be an “employer”. […]

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