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Article
Arbitrator Holds That Floater Days Are Not A Greater Right Or Benefit In Light Of New PEL Rules
A recent labour arbitration decision has determined that the three paid floater days provided in a collective agreement did not constitute a greater right or benefit under the terms of the Employment Standards Act...
CanadaEmployment and HR
CCPartners
Article
Arbitrator Provides Further Guidance To LTC Homes On Use Of PPE
Last week we blogged about the extraordinary decision of the Ontario Superior Court to grant an injunction to the Ontario Nurses' Association ("ONA") which, among other requirements, mandated that nurses at the identified long-term ...
CanadaEmployment and HR
CCPartners

Court Of Appeal Remains Unswayed: Dufault Decision Reaffirms Waksdale

In the realm of employment law, the Ontario Court of Appeal's decision in Waksdale v. Swegon North America Inc. significantly influenced the enforceability of termination provisions in employment contracts.

CanadaEmployment and HR

They Do Exist! Unionized Employers Do Have Management Rights – Just Be Careful How You Exercise Them

A recent case involving the Association of Justice Counsel was before the Supreme Court of Canada for a pronouncement on the exercise of management rights where a collective agreement is otherwise silent.

CanadaEmployment and HR

New Tort Of Harassment Recognized In Ontario Workplace Jurisprudence

Tort law – the law of civil (as opposed to criminal or contractual) wrongs and losses – rarely arises in a workplace context. It is even rarer that labour and employment professionals...

CanadaEmployment and HR

Ten Days’ Work For Three Months’ Pay – A Lousy Deal For The Employer

In Ontario, employees with less than three (3) months of service typically do not qualify for statutory notice of termination under the Employment Standards Act, 2000.

CanadaEmployment and HR

Back To Basics: The Duty To Accommodate

As employers begin to turn their minds to reopening, it is an ideal time to revisit some basics of employment law best practices.

CanadaEmployment and HR

Employer Obligations On Municipal Election Day

Employers should keep in mind their obligations under the Municipal Elections Act, 1996 as they relate to ensuring employees have adequate time off to vote.

CanadaEmployment and HR

Finding The Right Fit: Employer Successfully Relied On Probationary Period In Employment Contract To Terminate With 1 Weeks' Notice

A clear written employment contract can be an invaluable tool for employers looking to ensure that their permanent employees are a good fit within their organization.

CanadaEmployment and HR

Right To Terminate Employment In COVID-19 Mandatory Vaccine Policy Struck By Arbitrator

The latest ruling on an employer's mandatory COVID-19 vaccination policy came on February 7, 2022 from Arbitrator Gail Misra.

CanadaEmployment and HR

IDEL Is NOT A Layoff Or Constructive Dismissal: Ontario Court Changes Course

The COVID-19 pandemic has obviously impacted and impeded the way in which businesses can operate. More specifically, through various lockdowns and mandatory closures for workplaces not deemed "essential",...

CanadaEmployment and HR

The Open Period Is Coming For Ontario's Construction Industry! Here Is What Employers Need To Know About Union Raids And Decertifications

It's kind of like the Olympics. Every three years we get to watch exciting high-stakes battles between seasoned competitors.

CanadaReal Estate and Construction

After-Acquired Cause: An Employer's Permission To Go Back In Time

Starting with some employment law basics; employers in Ontario "can" terminate an employee's employment with or without cause. I say "can", because there are some exceptions to this rule, such as the termination...

CanadaEmployment and HR

Take A Break: Court Of Appeal Rules That Employee's Rescinded Resignation Still Interrupted Length Of Employment

The Ontario Court of Appeal has overturned a trial decision and found that when an employee resigned from employment

CanadaEmployment and HR

Grievor Puts The "X" In "Ex-Employee": Termination From Job At CRA Upheld By Federal Arbitration Panel

As many employers know, just cause is a difficult standard to meet, regardless of the jurisdiction under which you fall, or the forum in which the case might be tried.

CanadaEmployment and HR

Arbitrator Finds Employer's Blanket Policy Requiring All Employees Who Cross Us Border To Self-Isolate Unreasonable

In a recent Ontario arbitration decision, Arbitrator Jesin considered the reasonableness of Algoma Steel's policy.

CanadaCoronavirus (COVID-19)

Should Terminated Employees Receive Longer Reasonable Notice Periods During COVID-19?

In Yee v Hudson's Bay Company, 2021 ONSC 387, an Ontario Court issued a ruling in what may seem like a very standard case of reasonable notice at first blush, but looking a bit deeper this case could have an interesting impact ...

CanadaCoronavirus (COVID-19)

B.C. Human Rights Tribunal "Unmasks" Unsubstantiated Discrimination Allegations And Delivers Common-Sense Decision On Masking Policies

A very recent screening decision out of British Columbia provides some welcome reassurance to businesses attempting to enforce masking requirements amid claims of so-called "medical exemptions"...

CanadaEmployment and HR

Concerning New Decision For Ontario Construction Employers

CCP has blogged on numerous cases in the last few years where judges have struck down termination clauses in employment agreements for failing to meet the minimum obligations set out...

CanadaEmployment and HR

Court Finds Termination Clause Unenforceable Due To "Just Cause" Provision

In Tan v. Stostac Inc., 2023 ONSC 2121, the Court found that the termination clause contained in the employment agreement was unenforceable and the plaintiff employee was entitled to common law notice of his dismissal.

CanadaEmployment and HR

Showing 341–360 of 658 results

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