New SCC Decision Finds Paid Administrative Suspensions Can Trigger Constructive Dismissals
Most employers are familiar with the most common changes to employment contracts that can trigger a constructive dismissal: changing pay, hours, demotions, duties, work location, etc. However, in the March 2015 decision of Potter v. New Brunswick Legal Aid Services Commission, the Supreme Co…
View the post titled New SCC Decision Finds Paid Administrative Suspensions Can Trigger Constructive DismissalsNew ESA Poster Requirements for Ontario Employers
The Ontario Ministry of Labour has just released its new version (6.0) of the Employment Standards Poster entitled “Employment Standards in Ontario”. Ontario employers must immediately post this new poster in each of its workplaces in a location likely to come to the attention of…
View the post titled New ESA Poster Requirements for Ontario EmployersTerminating an Employee without Checking Their HR File First Can Have Serious Consequences for Employers
Sometimes the need arises to end an employment relationship quickly. However, it’s vitally important to ensure that you check the employee’s human resources file for potential human rights considerations before making any decisions, as confirmed by a recent decision by the Human Rights Tribu…
View the post titled Terminating an Employee without Checking Their HR File First Can Have Serious Consequences for EmployersHow well do you understand the recent changes to the Employment Standards Act, 2000?
Applying the latest changes to the Employment Standards Act, 2000 (“ESA”) to real-life situations can be complex, even for Employment Standards Officers! A recent blog post by Chris Sinal (New Amendments to the Employment Standards Act, 2000 May Require Employers to Find Themselves Guilty of…
View the post titled How well do you understand the recent changes to the Employment Standards Act, 2000?Litigation Perils: Winning the battle, but losing the war!
Litigation is expensive, time-consuming, unpleasant and risky for everyone involved. Outcomes are hard to predict, as too are the fees and time that parties will spend either pursuing or defending a claim. Let’s not even talk about the potential reputational damage if litigation becomes publ…
View the post titled Litigation Perils: Winning the battle, but losing the war!New Amendments to the Employment Standards Act, 2000 May Require Employers to Find Themselves Guilty of Violating the Act
The majority of employers in Ontario are required to abide by the Employment Standards Act, 2000 (the “ESA”), legislation that includes standards for, among other things, the provision of a minimum wage, statutory holiday pay, overtime and limitations on hours of work. Where employees believ…
View the post titled New Amendments to the Employment Standards Act, 2000 May Require Employers to Find Themselves Guilty of Violating the ActOntario Court Confirms Workplace Violence Not Automatically Cause for Termination in All Cases
Since amendments to the Occupational Health and Safety Act introduced by Bill 168 imposed new obligations to proactively address workplace harassment and violence issues, employers have sometimes been tempted to approach all instances of workplace harassing or violent conduct by an employee …
View the post titled Ontario Court Confirms Workplace Violence Not Automatically Cause for Termination in All CasesJian Ghomeshi Case Involves a Complicated Interaction of Labour and Employment Law Principles
The recent termination of Jian Ghomeshi’s employment by the Canadian Broadcasting Corporation (the “CBC”) from popular radio program “Q” has raised a number of important moral questions about the allegations against the former host. However, the situation also raises fundamental legal questi…
View the post titled Jian Ghomeshi Case Involves a Complicated Interaction of Labour and Employment Law PrinciplesEmployer’s Obligation to Accommodate Employee Does Not Extend to Requiring Other Employees to Suffer a Significant Reduction in Pay
For many employers, particularly those in unionized settings, finding appropriate work for employees requiring medical accommodation can be challenging. This is particularly the case where a position that may address an employee’s accommodation needs is occupied by another employee. However,…
View the post titled Employer’s Obligation to Accommodate Employee Does Not Extend to Requiring Other Employees to Suffer a Significant Reduction in PayNew Human Rights Commission Policy on Mental Health and Addiction
I recently sat in on a presentation by a large benefits administrator, which focused on the top 5 categories of medical conditions resulting in disability claims. For both short and long term absences, at or near the top of that list are mental health issues. Mental health issues are often t…
View the post titled New Human Rights Commission Policy on Mental Health and AddictionReceive Blog Posts
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