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  • Article

    Being Bad On Purpose: Court Of Appeal For Ontario Upholds Just Cause Termination For Single Incident Of Workplace Sexual Harassment

    The Court of Appeal's recent decision in Render v. ThyssenKrupp Elevator (Canada) Limited, 2022 ONCA 310, affirms that even a single incident of workplace sexual harassment may amount to just cause for termination.
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Employment Law Tracker – March 2024

    Amendments to the Canada Labour Code have now come into force. These place new obligations on federally-regulated employers, including graduated...
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Ontario Minimum Wage Set To Increase Oct. 1, 2021

    On October 1, 2021, the general minimum wage in Ontario will increase from $14.25 to $14.35 per hour.
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Acts Of Misconduct And Poor Judgement Cumulatively Amount To Just Cause

    In a recent decision, the Ontario Superior Court ("ONSC") upheld the "for cause" termination of a fiduciary employee with no prior disciplinary record and 17 years of service...
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Arbitrator Holds Mandatory Vaccination Policy Is Unreasonable

    In Electrical Safety Authority v Power Workers' Union, a decision issued on November 11, 2021, an Ontario arbitrator held that the Electrical Safety Authority (the "ESA")'s mandatory COVID-19 vaccination policy was unreasonable.
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Back To School September 2020: What Does It Have In Store For Employers?

    Since the onset of the COVID-19 pandemic, a significant issue for employers has been the struggle to balance maintaining business operations with accommodating employees' childcare obligations.
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    BC Arbitrator Upholds Termination For Misconduct During Union Strike

    In the recent arbitration decision in Lantic Inc. v. Public and Private Workers of Canada, Local 8, the arbitrator upheld the termination of a long-service employee for sexually harassing...
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Court Clarifies IME May Be Necessary To Test Plaintiff's Explanation For Failure To Mitigate Damages

    The Ontario Superior Court of Justice ("Court") recently held that an employee would have to undergo an independent medical examination ("IME") if they continued to argue that they could not take steps...
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Court Finds Employee Repudiated Employment Contract After Signing ‘Strike Notice'

    In a recent decision from the Ontario Superior Court of Justice, a Plaintiff seeking damages for wrongful dismissal was instead found to have repudiated her employment contract.
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Court Holds Arbitrator Misapplied The Test For Discrimination To A Workplace Investigation

    In Association of Management, Administrative and Professional Crown Employees of Ontario v. Ontario (Ministry of the Attorney General), the Ontario Superior Court...
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Court Of Appeal: Employees Can Outgrow Employment Contracts Without Formal Promotion

    The Court of Appeal for Ontario has found that an employee was no longer bound by the termination clause in his existing employment contract after he was given significant...
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Court Refuses To Order Injunction Restraining Mandatory Vaccination Policy

    In Costa, Love, Badowich and Mandekic v Seneca College of Applied Arts and Technology, 2022 ONSC 5111, the Ontario Superior Court of Justice refused to order an injunction restraining Seneca...
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Federal Government Introduces Amendments To The Employment Equity Regulations

    On November 25, 2020, the Federal Government published amendments to the Employment Equity Regulations (the "Regulations") under the federal Employment Equity Act (the "Act").
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Federal Government Temporarily Changing EI Rules Due To Tariffs

    The Canadian government has implemented Employment Insurance (EI) Pilot Project 24 to address the current economic uncertainty stemming from U.S. tariffs.
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Ontario's Updated Public Health Guidance: What Does It Mean For Employers?

    The Ontario Government has updated its public health guidance regarding isolation if an individual is experiencing COVID-19 symptoms or has been exposed to a person who has tested positive for COVID-19.
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Ontario Labour Relations Board Provides Insight Into Statutory Interpretation Related To IDEL Entitlements

    In this case, the employee had claimed paid IDEL from her employer for two days in June 2021.
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Recent Amendments To The Competition Act Introduce New Criminal Offences, Increased Administrative Penalties, And More

    On June 23, 2022, the Budget Implementation Act, 2022, No. 1, S.C. 2022, c. 10 ("Bill C-19"), received Royal Assent. Among other changes to various federal statutes, Bill C-19 makes significant...
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Whose Business Is It Anyways? Arbitrator Finds Union Steward Attending Diving Course During Working Hours Was Conducting Union Business

    In Ontario Power Generation v. Power Workers' Union, an arbitrator held that taking a diving course during working hours was union business for a union steward who represented members of the employer's dive team.
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Working For Workers Five Act Now Law

    Bill 190, An Act to amend various statutes with respect to employment and labour and other matters – or the Working for Workers Five Act, 2024 – received Royal Assent on October 28, 2024. As we previously wrote.
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Navigating Business Growth: A Guide For Social Media Influencers

    Social media influencers embarking on the journey of growing their own businesses often face two pivotal challenges: (i) hiring additional support for product or service management...
    CanadaMedia, Telecoms, IT, Entertainment
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP

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