Resources
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Timing is Everything: Ensuring your Employment Agreements are Enforceable
September 2017
Most employers know the value of having written employment agreements in place for their non-union or excluded employees, particularly when it comes to setting out obligations relating to termination. However, the timing of when a contract is signed can make all the difference to whether it is legally binding and you can rely on its terms, or whether common law principles apply instead.
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Employers Take Note: Costs of a Just Cause Misstep Could be Significant
July 2017
The Supreme Court of Canada recently denied leave to appeal of the Ontario Court of Appeal’s decision in Fernandes v. Peel Educational & Tutorial Services Ltd. c.o.b. Mississauga Private School, 2016 ONCA 468. This case is a timely reminder for employers in relation to two issues: (1) the standard of misconduct that qualifies as “just cause”; and (2) the potentially significant liability that an employer can incur when a wrongfully dismissed employee becomes disabled during his or her reasonable notice period.
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Complaints by Cisgendered Men Alleging Discrimination on Grounds of Gender Identity or Expression Dismissed by Ontario Human Rights Tribunal
July 2017
The B.C. Human Rights Code was amended in mid-2016 to include “gender identity or expression” as protected grounds. As of the date this article was written, the B.C. Human Rights Tribunal has not interpreted or applied the amendment in any of its decisions.
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The Consequences of an “Innocent” Covering E-mail
July 2017
New technology has undoubtedly impacted the employment relationship. The relationship is changing and, perhaps more importantly, the way in which the relationship is conducted is changing. While many employers would not think twice about the impact of a covering e-mail to an offer letter, the recent decision in Ballim v. Bausch & Lomb Canada Inc., 2016 ONSC 6307 confirms that an e-mail which attaches an agreement or offer can be used to determine the intention of the parties.
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B.C. Supreme Court Decision Reminds Employers that Probationary Period is Not Carte Blanche to Dismiss Employee with No Strings Attached
July 2017
In Ly v. British Columbia, 2017 BCSC No. 43, the plaintiff, Phuc Ly, was hired as a manager for the employer. His employment was terminated after approximately 2.5 months. The employer did not provide any notice or pay in lieu of notice in reliance on a probationary clause in Mr. Ly’s offer of employment which read, in its entirety, that “[e]mployees are required to serve an initial probationary period of six (6) months for new positions”.
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Significant Changes to Workplace Legislation Expected in Alberta
June 2017
On May 24, 2017, the Alberta Legislature introduced Bill 17: Fair and Family–friendly Workplaces Act. The bill is part of the Government of Alberta’s effort to ensure that Albertans have “the same rights and protections enjoyed by other Canadians, and have fair and family-friendly workplace laws that support a strong economy and help businesses stay competitive.”
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Ontario’s Proposed Legislative Changes are About to Make Life a lot More Interesting for Employers
June 2017
Alberta is not the only province that is making significant changes to workplace legislation. Ontario has jumped on the bandwagon with legislation introduced at the end of May that impacts employers with both unionized and non-unionized workforces. These changes were made in response to a government-commissioned report that made 173 recommendations addressing precarious work.
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A Haphazard Sexual Harassment Investigation – What Could Possibly Go Wrong?
May 2017
Melissa Doyle, a well-educated woman who had worked with Zochem Inc. for nine years, supervised an all-male group of refinery workers. The workplace culture was dominated by the Maintenance Supervisor’s “male locker room” mentality. On his office walls were pictures of scantily clad women. He expected Ms. Doyle to act like “one of the boys”, by sharing details of her dating life, laughing at his lewd jokes and engaging in otherwise unwelcome sexual banter.
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