Resources: Employment
-
Breach of Telecommute Agreement Resulted in Constructive Dismissal: Hagholm v. Coreio Inc., 2017 ONSC 7713, varied 2018 ONCA 633
November 2018
The Ontario Court of Appeal recently affirmed a decision of the Ontario Superior Court of Justice which found that an employee had been constructively dismissed when the employer revoked her telecommute agreement and arbitrarily reduced her annual bonus.
Read More +
Breach of Telecommute Agreement Resulted in Constructive Dismissal: Hagholm v. Coreio Inc., 2017 ONSC 7713, varied 2018 ONCA 633 -
Government of Canada Introduces Major Changes to Canada Labour Code and Creates Federal Pay Equity Obligations
November 2018
Recently, the Federal Government tabled, for first reading, Bill C-86 that, assuming it passes in its current form, will (i) significantly alter federally regulated employers’ obligations under the Canada Labour Code and (ii) create a new federal pay equity regime. A flavour of the key changes included in Bill-C-86 is provided here.
Read More +
Government of Canada Introduces Major Changes to Canada Labour Code and Creates Federal Pay Equity Obligations -
Candour in the Context of Employment References: A Review of Kanak v. Riggin, 2018 ONCA 345
November 2018
The Ontario Court of Appeal recently upheld an important lower court finding that employers can be shielded from liability for giving negative employment references.
Read More +
Candour in the Context of Employment References: A Review of Kanak v. Riggin, 2018 ONCA 345 -
An Employer’s Duty to Provide a Discrimination-Free Workplace
November 2018
A recent B.C. Human Rights Tribunal decision serves to remind employers of their duty to provide a discrimination-free workplace.
Read More +
An Employer’s Duty to Provide a Discrimination-Free Workplace -
The B.C. ESA has Changed: What’s New and What’s Coming
October 2018
B.C.’s NDP government recently moved forward with some significant changes to the province’s Employment Standards Act (“ESA”). The minimum wage and some statutory leaves of absence have been increased, and these changes are merely the start: further and far reaching amendments to the ESA are expected in the near future.
Read More +
The B.C. ESA has Changed: What’s New and What’s Coming -
Have I Constructively Dismissed an Employee by Putting Them on Unpaid Administrative Suspension?
October 2018
A recent decision from the Ontario Court of Appeal confirmed that suspending an employee without pay (i.e. an “administrative suspension”), including while the employer conducts an investigation, can constitute constructive dismissal. The Court provided guidance on when and how employees can be placed on suspension during an employer’s investigation.
Read More +
Have I Constructively Dismissed an Employee by Putting Them on Unpaid Administrative Suspension? -
Consider This: A Fresh Look at the Legal Need for Consideration
September 2018
The B.C. Court of Appeal may recently have offered an answer to a question that has always vexed employers: why must employers provide their employees with something in exchange for a minor contract modification? The short answer is that they may no longer have to.
Read More +
Consider This: A Fresh Look at the Legal Need for Consideration -
Back To School — Does Retraining Count As Reasonable Mitigation Of Damages?
August 2018
In Benjamin v. Cascades Canada ULC, 2017 ONSC 2583, the plaintiff had worked as an unskilled labourer with the defendant company for 28 years. The company had eliminated all of its production functions at one of its plant locations, resulting in the dismissal of 41 employees, including the plaintiff.
Read More +
Back To School — Does Retraining Count As Reasonable Mitigation Of Damages? -
Will Income From A Second Job Be Considered Earnings In Mitigation?
July 2018
In Pakozdi v. B & B Heavy Civil Construction Ltd., 2018 BCCA 23, the B.C. Court of Appeal clarified how to treat replacement income in the calculation of damages for a wrongfully dismissed employee.
Read More +
Will Income From A Second Job Be Considered Earnings In Mitigation? -
“Investigation is the New Arbitration”: Thoughts on Our Changing Workplaces
July 2018
Every seasoned human resources professional is aware that “investigation is the new arbitration”. When addressing issues of all but the most serious and blatant misconduct, employers are now routinely counselled that if they shoot first and ask questions later, they do so at their peril.
Read More +
“Investigation is the New Arbitration”: Thoughts on Our Changing Workplaces