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  • Article

    Federal Jurisdiction Update: Canada Emergency Response Benefit

    The Canada Emergency Response Benefit (CERB) was enacted by the government on March 25, 2020.The benefit applies to "workers", defined as persons who are at least 15 years old, resident in Canada and who, for 2019...
    CanadaCoronavirus (COVID-19)
    CCPartners
    CCPartners
  • Article

    COVID-19 Update: The End Of Ontario's Declared Emergency And Important Implications For Employers

    On July 24, 2020, Bill 195, Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 came into force, and the declared emergency in Ontario came to an end.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Federal Court Finds Employees Who Refuse To Follow Vaccination Mandate Not Eligible For Employment Insurance

    Recently, the Federal Court (the "Court") released an encouraging decision for employers as they continue to deal with
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Just Cause Allegations Must Be Righteous, Or Else! Court Awards $125,000 In Extraordinary Damages For False Claims Of Just Cause

    In May the Superior Court of Justice for Ontario released its decision in Ruston v. Keddco Mfg. (2011) Ltd..
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Would Casey Jones Get A Second Chance Today? Arbitrator Reinstates Locomotive Engineer After Incident Involving Alcohol On Duty

    As many employers know, the accommodation process is far from simple.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Federal Government Announces Suspension Of Vaccine Mandates For Some Federally Regulated Workplaces: What Does This Mean For Your Business?

    On the heels of the Federal government's recent announcement to suspend vaccination requirements for domestic and outbound travel, federally regulated transportation sectors and federal government employees...
    CanadaCoronavirus (COVID-19)
    CCPartners
    CCPartners
  • Article

    26 Month Wrongful Dismissal Notice Period Upheld By Ontario Court Of Appeal

    Understanding and appreciating the extent of an employer's liability when it is required to terminate a worker's employment can be a challenge.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    A Cautionary Tale Of The Extent Of The Duty To Accommodate When Employees Make Bad Work Neighbours

    A recent case heard by the Public Service Labour Relations Board provided a reminder to employers that the duty to accommodate is not always satisfied by the employer's proposed action.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Arbitrator Reinstates Employee Dismissed For Just Cause For Not Providing Proof Of Vaccination

    In Teamsters Canada Rail Conference v VIA Rail Canada Inc., 2023 CanLII 18498 (CA SA) the Company terminated an employee with 19 years of service for not providing proof of vaccination against COVID-19.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Ask Not What You Can Do For Your Employer But What Your Employer Must Do For You!

    This is the message being sent to the labour relations community by arbitrator Lyle Kanee in a very recent award "released October 29, 2013.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    BC Court Of Appeal Clarifies Treatment Of Mitigation Earnings And Extended Notice For Health Reasons

    Two primary considerations in any wrongful dismissal action is the period of reasonable notice an employee is entitled to and how to treat income earned by the employee during the notice period.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    BC Employers Must Submit An Application To Extend Temporary Layoffs

    Temporary layoffs have been a key tool to mitigate the effects of the COVID-19 pandemic as they allow employers who cannot currently maintain their full workforce...
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Boneheaded Facebook Post Strikes Again! Arbitrator Refuses To Reinstate Unjustly Dismissed Union Member

    Our readers probably already know that when a unionized employee is unjustly discharged from their employment, the presumptive remedy from an arbitrator is reinstatement to employment.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Court Finds Expectation Of Bonus Not Reasonable When Employee Not Actively Working

    A properly drafted employment contract that determines an employee's entitlements upon termination can reduce the likelihood of protracted litigation but also greatly reduce the compensation owed to an employee.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Duty of Good Faith During Employment?

    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Employee Not Constructively Dismissed, Employer Ordered To Pay Damages

    In many instances employers will litigate against the assumption of a power imbalance, an employee viewed as the party in need of protection.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Expectation Of Privacy Is Lost Once Text Messages Are Received

    In 2012 the Supreme Court of Canada released the decision R. v. Cole that found employees have a reasonable expectation of privacy with respect to the contents of work related computers...
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Family Caregivers Bill-21 Passes Third And Final Reading In Ontario Legislature

    Ontario’s provincial legislature voted in favour of proposed amendments to the Employment Standards Act, 2000.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Is It Discriminatory To Fire An Employee Because Of Poor English Proficiency?

    Many employers grapple with the issue of how to approach or deal with employees who have trouble communicating proficiently in English, particularly when the nature of the employment is customer-service based.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Mandatory Occupational Health And Safety Awareness Training By July 1, 2014

    One of the focuses of the Dean Report was to ensure that more training was taking place on health and safety in Ontario workplaces.
    CanadaEmployment and HR
    CCPartners
    CCPartners

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