Resources

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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Canada Labour Code Amendments in Effect September 1: What You Need to Know

Federally-regulated employers take note:  significant changes to employment standards under the Canada Labour Code come into effect on September 1, 2019.

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A Most Canadian Caper:  The Tale of the Vaping Zamboni Driver

The legalization of cannabis has and will continue to affect a great number of things in our country — from policing to residential leasing to the air quality. Notwithstanding this significant shift in public policy, the legalization of cannabis has not impaired the rights of employers in this country to insist that employees report for work unimpaired by the use of drugs.  The legalization of cannabis has also brought about more stringent restrictions on driving after using cannabis.  This would presumably also apply to operating a Zamboni.

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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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Sober Second Thought Key to Proving Reasonable Cause for a Drug Test

Drug and alcohol testing has become both more common, and more accepted, in safety sensitive workplaces.  When an employee’s appearance, behaviour, speech, motor skills, or body odour suggest recent drug or alcohol use, an employer will have reasonable cause to require a drug and/or alcohol test to determine whether it is safe for the employee to be at work.  When an employee is involved in an accident or a near miss, post-incident drug and alcohol testing is appropriate to rule out impairment as a cause of the safety incident.

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Six Months for Six Months: Is One Month’s Notice per One Month of Employment Reasonable?

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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Employee’s Desire to Return to Work After Extended Medical Leave Not Enough to Trigger Duty to Accommodate

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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