Resources: Employment

Being A Gracious (And Responsible) Employer And Employee: Holiday Parties And Other Work-Related Social Gatherings

 As an employer, if you organize a company party or similar work-related social gathering for your employees, you have certain legal responsibilities.  An employer can be held liable for not taking adequate precautions to protect its employees from foreseeable and preventable harm.

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Conduct of Transgender Complainant Leads to Dismissal of Complaint of Discrimination in the Provision of Waxing Services

Jessica Yaniv is a transgender woman who filed seven human rights complaints against multiple defendants relating to the denial of waxing services. In five cases, she requested waxing of her scrotum. In two, she requested waxing of her arms or legs. In each case, Ms. Yaniv told the Respondent that she was a transgender woman and the Respondent then refused to wax her.

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Employment Standards Claims Cannot be Pursued in B.C. Courts

A recent summary trial decision from the B.C. Supreme Court confirms that claims arising from breaches of the B.C. Employment Standards Act (ESA) cannot be pursued in a civil action and denies the application of the tort of intimidation to a threatened breach of an employment contract.

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

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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Ontario Court of Appeal Affirms Only Exceptional Circumstances Will Justify Notice Period in Excess of 24 Months

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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Uncertain Changes and a Strained Relationship Do Not Amount to Constructive Dismissal

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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Employer Obligations on Election Day

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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How Does Age Impact Reasonable Notice Period Assessment?

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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Ontario Court of Appeal Confirms Nude Selfies Are Not Offensive

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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Family Feud: Survey Says BC Test for Family Status Discrimination is Good Law

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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