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  • Article

    The Dangers Of Sharing: Court Determines That Facebook Posts And Messages Do Not Have An Objective Reasonable Expectation Of Privacy

    Balancing an employee's privacy rights with the employer's ability to manage the workplace is an ongoing debate and continues to become more complex as employees use social media ...
    CanadaPrivacy
    CCPartners
    CCPartners
  • Article

    2020 In Review: A Look Back At The Top Cases And Key Legislative Changes That Impacted Your Workplace

    It may be modest to say that 2020 was an eventful year for employers with significant changes to workplace legislation both provincially and federally, and numerous noteworthy decisions.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Proceed With Caution! Decision Recognizing Miscarriage As A Disability Provides Guidance To Employers On Disability Claims

    Disability has long been a protected ground under the Ontario Human Rights Code, which requires employers to accommodate employees with a disability to the point of undue hardship.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    SCC Confirms High Crown Disclosure Obligations

    When charged with an Occupational Health and Safety Act violation, you need to be provided with complete Crown disclosure before you can decide whether to defend the charge or seek another resolution.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    No Bonus for You! Judge Enforces Clear Language Disentitling Terminated Employee from Bonus Payout

    In a case argued by Susan Crawford of CCPartners, Judge S.A.Q. Akhtar upheld the contractual provisions of an employment agreement that prohibited an employee from being entitled to bonus if not employed on the date of bonus payout.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    British Columbia Supreme Court: Cerb Benefits Are Deductible From Reasonable Notice Awards

    Earlier this year, the Employers' Edge blog wrote about the Fogelman v. IFG decision, where the Ontario Superior Court considered the impact of Canada Emergency Response Benefit ("CERB")...
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Bye-Bye Bird[Ie]? Not So Fast, Says Federal Court Of Appeal: Dismissal Of Principal May Still Be Unjust Despite Adjudicator's Findings Of Misconduct

    You may recall a recent article by Angela Wiggins regarding the remedy of reinstatement for federal employees under the unjust dismissal provision of the Canada Labour Code.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Disclosure Of Settlement On Facebook By Daughter Breached Confidentiality Clause

    The Third Circuit Court of Appeals of Florida last week overturned a Circuit Court decision on a motion to enforce the settlement agreement.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    "Mean" Employer Behaviour Leads To $750,000 Damages Award

    It may not measure up to damage awards you'll find south of the border but a recent decision from the Ontario Superior Court of Justice has shown that the right set of circumstances can lead to hefty damage awards against employers.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Non-Compete Clauses – An Often Used But Rarely Effective Tool

    The Ontario Superior Court recently reminded employers that non-compete clauses in employment contracts are usually worth less than the paper that they are written on.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Occupational Health And Safety Updates

    Under the Occupational Health and Safety Act ("OHSA"), there are obligations to report injuries that occur in the workplace.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Unsafe Electrician Shocked When Court Of Appeal Upheld His "For Cause" Termination

    The Ontario Court of Appeal has thankfully upheld the termination for just cause of one Jerzy Wasinski, in a decision that should encourage employers who are diligent in keeping a safe workplace.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Purported Franchisor Gets Taken To The Cleaners: Supreme Court Of Canada Rules That Independent Contractor Was In Fact An Employee

    Once in a while I speak with a new client about their employment law obligations, and they inform me that they don't have any employees. They tell me that they only use independent contractors. My response is often along the lines of "Wanna bet?"
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Lessons Learned By Employers From COVID-19

    As we pass the one month mark in this unprecedented pandemic, CCPartners continues to see recurring themes that impact employers' abilities to respond nimbly to unexpected legislative
    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

    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

    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

    Court Of Appeal Warns Employers: Exercising Your Rights Under A Termination Clause In Fixed Term Contract Requires Good Faith

    In a recent decision, the Ontario Court of Appeal ruled that although the Company had an unfettered right to terminate an independent contractor's fixed term contract ...
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    A Deal May Still Be A Deal: Ontario Court Of Appeal Overturns Summary Judgment Decision That Severance Transaction Was Unconscionable While Entitlement To LTD Benefits Was A Live Issue.

    In the recent decision Swampillai v. Royal & Sun Alliance Insurance Company of Canada the Court of Appeal was asked to consider the issue of conscionability in circumstances where an employee signs a...
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    OLRB Clarifies Employer Obligations In Communicating Workplace Investigation Outcomes

    A recent decision of the Ontario Labour Relations Board (the "OLRB") provides important guidance to employers on the issue of what is required to be communicated...
    CanadaEmployment and HR
    CCPartners
    CCPartners

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