Resources: Employment

  • Jail Sentences for Worker Fatalities: Will They or Won’t They?

    October 2019

    by Alissa Demerse

    Most employers are aware that the health and safety of their workers is one of the most important considerations on a worksite.  Across Canada, warnings have been issued to employers and their directors that accountability for workplace accidents and especially fatalities is increasing.  However, in the recent decision of Ontario (Labour) v. New Mex Canada Inc., 2019 ONCA 30, the Ontario Court of Appeal upheld a lower court‘s decision to overturn two jail sentences for directors following a workplace fatality.

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    Jail Sentences for Worker Fatalities: Will They or Won’t They?
  • Ontario Court of Appeal Affirms Only Exceptional Circumstances Will Justify Notice Period in Excess of 24 Months

    October 2019

    by Carrie Koperski

    In Dawe v. The Equitable Life Insurance Company of Canada, 2019 ONCA 512, the employee, Michael Dawe, sued the Defendant for wrongful dismissal after he was dismissed from employment without cause at the age of 62.  He had worked for the company for 37 years and occupied the position of Senior Vice-President at the time of dismissal.

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    Ontario Court of Appeal Affirms Only Exceptional Circumstances Will Justify Notice Period in Excess of 24 Months
  • Uncertain Changes and a Strained Relationship Do Not Amount to Constructive Dismissal

    October 2019

    by Melissa Dhillon

    Reza Baraty alleged he was constructively dismissed from his position with Wellons Canada Corp. (“Wellons”).  He considered: (1) his position to have been eroded to the point where he was no longer a manager; and (2) the work environment to have become intolerable because of bullying and harassment by a co-worker.

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    Uncertain Changes and a Strained Relationship Do Not Amount to Constructive Dismissal
  • Employer Obligations on Election Day

    September 2019

    by Brandon HillisJames D. Kondopulos

    A federal election will be held on Monday, October 21, 2019.

    As a service to our clients and other interested parties, we are publishing this bulletin on the obligations owed by employers to their employees on election day.

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    Employer Obligations on Election Day
  • How Does Age Impact Reasonable Notice Period Assessment?

    September 2019

    by Gabrielle Scorer

    With the demise of mandatory retirement many people are now working past age 65.  What impact does age have on the assessment of the reasonable notice period?  A recent decision of the Ontario Court of Appeal confirmed that “exceptional circumstances” must exist before more than 24 months is awarded, and that neither age nor a planned retirement date constitute exceptional circumstances.

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    How Does Age Impact Reasonable Notice Period Assessment?
  • Ontario Court of Appeal Confirms Nude Selfies Are Not Offensive

    August 2019

    by Jacqueline D. Gant

    In Zigomanis v. 2156775 Ontario Inc. (D’Angelo Brands), 2018 ONCA 116, the Ontario Court of Appeal upheld a lower court decision that a professional hockey player’s nude selfies did not offend public morals and decency and there was thus no basis to terminate a promotional contract.

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    Ontario Court of Appeal Confirms Nude Selfies Are Not Offensive
  • Family Feud: Survey Says BC Test for Family Status Discrimination is Good Law

    August 2019

    by James D. Kondopulos

    In a decision issued August 8, 2019, Brian Suen v. Envirocon Environmental Services, ULC et al., 2019 CanLII 73206 (SCC), the Court dismissed the leave application of a human rights complainant who alleged he was subjected to prohibited employment discrimination on the basis of family status (familial obligations), and implicitly approved of the test for family status discrimination developed by the BC Court of Appeal in 2004 and recently reaffirmed in Envirocon Environmental Services, ULC v. Suen, 2019 BCCA 46.

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    Family Feud: Survey Says BC Test for Family Status Discrimination is Good Law
  • Six Months for Six Months: Is One Month’s Notice per One Month of Employment Reasonable?

    August 2019

    by Danny BernsteinBobby Sangha

    The past few years have seen a wave of Canadian court awards involving significant reasonable notice periods for short service employees, and the recent B.C. case of Greenlees v. Starline Windows Ltd, 2018 BCSC 1457 is a prime example.

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    Six Months for Six Months: Is One Month’s Notice per One Month of Employment Reasonable?
  • Employee’s Desire to Return to Work After Extended Medical Leave Not Enough to Trigger Duty to Accommodate

    July 2019

    by Danielle Scorda

    In Katz et al. v. Clarke, 2019 ONSC 2188, the plaintiff had been hired by the defendant in 2000 as a front store manager.  He had gone on sick leave due to a disability in July 2008 and had not returned to work after that.  He had been disabled by two falls which had occurred outside the workplace and injured his knee and leg.  As a result of the injuries, the plaintiff required a crutch and brace on a permanent basis.  He received both short-term disability (“STD”) and long-term disability (“LTD”) benefits.

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    Employee’s Desire to Return to Work After Extended Medical Leave Not Enough to Trigger Duty to Accommodate
  • Getting Back Together with an Ex: Constructive Dismissal and Offers of Re-Employment

    July 2019

    by Tamara Navaratnam

    In the recently released Ontario Superior Court of Justice decision, Gent v. Strone Inc., 2019 ONSC 155, the Court reaffirmed that an employee’s duty to mitigate may well include accepting an offer of re-employment with his or her former employer.

     

     

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    Getting Back Together with an Ex: Constructive Dismissal and Offers of Re-Employment
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