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  • Article

    Recent Ontario Court Of Appeal Decision Reduces Notice Period But Preserves Bonus Entitlement

    The issues of common law reasonable notice for long serving senior employees and bonus entitlement through that notice period can be thorny ones for employers
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    To The Surprise Of No One, Using Vulgarity Against A Co-Worker Even One Time, Was One Time Too Many

    A recent decision by Alberta's Court of Queen's Bench has provided support for employers who act swiftly in terminating an employee who has engaged in verbal and sexual harassment.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Draft Policy Released By WSIB In Relation To Communicable Diseases

    There is no doubt that the COVID-19 Pandemic has had an enormous effect on not just individual employers, but on the very system of employment in Canada (and elsewhere in the world).
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    What To Do With Unvaccinated Employees Currently Out Of The Workplace In The Changing Landscape Of The Coronavirus?

    Based on current guidelines and requirements, employers can consider returning unvaccinated employees as there are very few specific circumstances where it is mandated otherwise.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Written Notice Of Termination For Employees Off Work Still Satisfies ESA Requirements

    A recent decision of Arbitrator Randy Levinson found that the Employment Standards Act, 2000 does not require an employer to pay termination pay to disabled employees if the employer wishes to provide written notice of termination instead.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    What's Old Is New Again - Changes To Holiday Pay Calculation In Ontario For Canada Day And Beyond

    In what would turn out to be the Liberal Government's swan song, and amid widespread criticism from the business community, the controversial changes ...
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    BREAKING: COVID-19 Vaccine Mandate Coming To Federal Workplaces

    The government will be consulting with public service labour unions and employers with an aim to have the mandate in place by October 2021.
    CanadaCoronavirus (COVID-19)
    CCPartners
    CCPartners
  • Article

    COVID-19 Update: New Ontario Regulation Amends Application Of ESA Termination And Temporary Layoff Provisions

    As businesses across the country were forced to shut their doors in the name of public health, many employers grappled and continue to grapple with implications of putting ...
    CanadaCoronavirus (COVID-19)
    CCPartners
    CCPartners
  • Article

    Commercial Contracts Include Implied Duty To Act In Good Faith Says Canada’s Top Court

    A seven justice panel of the Supreme Court of Canada released a unanimous decision that contract law implies a duty of good faith that requires parties to perform their contractual obligations honestly.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Court Of Appeal Rules No Freestanding Tort Of Harassment In Ontario

    Back in 2017, we blogged about Merrifield v. the Attorney General ("Merrifield"), a decision where the Superior Court of Justice recognized a new ...
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Court Of Appeal Upholds Termination Clause Without The Bells And Whistles

    On appeal, both parties agreed that the motion Judge's interpretation was incorrect, but disagreed on the impact of the interpretation.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Dismissed Employee Failed To Mitigate Damages By Choosing Retraining Over Re-Employment

    In the recent case of Benjamin v. Cascades Canada ULC, the Ontario Superior Court of Justice held that an employee had failed to reasonably mitigate his damages by choosing to retrain for a new career
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Human Rights Tribunal Finds There Is No Duty To Investigate Absent Discrimination

    The Tribunal issued its decision in Scaduto v. Insurance Search Bureau, regarding the duty to investigate allegations of workplace harassment and discrimination.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Is Your Organization AODA Compliant?

    As most employers and human resources professionals are aware, the Ontario government enacted the Accessibility for Ontarians with Disabilities Act, 2005 ("AODA").
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Ontario Court Confirms An Employer's Right To Impose Administrative Suspension During Workplace Investigation

    Since Bill 168 changes to the Occupational Health and Safety Act took effect in 2009 with respect to violence and harassment in the workplace, we have seen an increase in the number of workplace harassment investigations.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Relief Is Coming! New PC Government Announces Indefinite Delay To The Smoke- Free Ontario Act, 2017

    Leading up to Canada Day, 2018 employers should have been preparing and reviewing their workplace policies to ensure that they would be in compliance with the Smoke-Free Ontario Act...
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Secret Recordings Condemned By Court In Wrongful Dismissal Case

    Employment lawyers always stress the importance of documentation in employee matters.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    "Sometimes A Swimming Pool Is Just A Swimming Pool" - Court Of Appeal Overturns Blue Mountain Decision

    In December 2007 a guest at the Blue Mountain Resort died while swimming in the unattended indoor pool.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Supreme Court Of Canada Holds Work Place Inspection Obligations Under The Canada Labour Code Only Extend To Area Of Employer's Physical Control

    A recent decision from the Supreme Court of Canada has found that an employer's inspection obligations under the Canada Labour Code (the "Code")
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Working At Heights Training Standard - April 1, 2015

    Under the Occupational Health and Safety Act (OHSA) the Chief Prevention Officer (CPO) has the authority to establish standards for training programs required under the OHSA and its regulations, and to approve the training programs which meet those standards as well as the authority to establish standards which must be met in order for a training provider to be approved to deliver the approved training program.
    CanadaEmployment and HR
    CCPartners
    CCPartners

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