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Article
Is Your Organization Prepared For A Workplace Investigation? The Stakes Have Never Been Higher
There is perhaps no better time to be talking about workplace investigations as high profile cases of sexual harassment and poisoned work environment have pushed the issues into the public realm for debate and discussion.
CanadaEmployment and HR
CCPartners
Article
It's OPEN Season In The Construction Industry – Tips For Employers To Avoid The Pitfalls Of The 2019 "Open Period"
Ontario's construction industry has a two-month "open period" every three years, where trade unions will attempt to raid each other's members through Displacement Applications
CanadaEmployment and HR
CCPartners

Morningstar Rises Again. Ontario Divisional Court Quashes WSIAT Decision.

In November 2019, I reviewed a landmark decision of the WSIAT (Decision No. 1227/19), that on an application by the employer to determine the right of Ms. Morningstar to sue the employer...

CanadaEmployment and HR

Relying On After-Acquired Cause To Set Aside Settlement Agreement

After an employee has been dismissed without cause, an employer can allege cause if misconduct of the employee is discovered after the dismissal – this is "after-acquired cause for dismissal".

CanadaEmployment and HR

Unionization One Step Closer To Being Served On Food Delivery Industry: Foodora's Couriers Determined To Be Dependent Contractors

The "Gig Economy": this is the name that has been given to the current state of the world of work in North America, if not most of the Western world.

CanadaEmployment and HR

BC Employee Claims Wrongful Dismissal – Ends Up Paying Her Employer

In a rare and welcome example of common sense and justice, the British Columbia Civil Resolution Tribunal ("CRT") has recently decided that an employee who alleged to have been wrongfully terminated...

CanadaEmployment and HR

Duck, Employee Or Independent Contractor: However It Is Described, It Is The Nature Of The Relationship And Not The Title That Matters

The Ontario Superior Court's decision in Marschall v Marel Contractors, 2019 ONSC 4692 serves as an important reminder for employers that simply calling employees independent contractors

CanadaEmployment and HR

Back To Basics: The Importance Of Employment Contracts

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

Dave's Not Here Man…His Termination For Smoking Dope At Work Was Upheld

On August 1, 2018 (maybe) the federal government's plan to legalize recreational marijuana will come into effect and no doubt, employers will be faced with questions about how to manage weed in the workplace.

CanadaEmployment and HR

Employer Obligations In October 21 Federal Election

Many employers may be unaware that they have obligations to their employees in respect of the upcoming October 21, 2019 federal election,...

CanadaEmployment and HR

Get Back Jojo: Return To Office Justified, Accommodation Not Warranted Says Arbitrator

In this case, the Grievor (whose name was not Jojo), an employee of Hydro Ottawa, worked as a dispatcher and had been temporarily allowed to work from home during the COVID-19 pandemic.

CanadaEmployment and HR

Is An Offer Of Employment By A Successor Employer Sufficient Consideration? Court Of Appeal Says Yes!

The Ontario Court of Appeal in Krishnamoorthy v. Olympus Canada Inc., ruled that a purchaser can vary some of the fundamental terms of an employee's employment contract ...

CanadaEmployment and HR

Know When To Fold ‘Em: Court Calls Employer's Bluff On Mitigation

Ever since the Supreme Court's ruling in the now-famous (at least in employment circles) Evans v. Teamsters case, employers have had a new "weapon" at their disposal in wrongful dismissal cases: mitigation.

CanadaEmployment and HR

Ontario Court Finds Supervisor Guilty Of Criminal Negligence In Avoidable Death Of Truck Driver

Back during my university days I had a summer job working for a fleet trailer leasing company. In the hot summer months, the tires on transport trucks...

CanadaEmployment and HR

Quebec's Bill 68: An Act Mainly To Reduce The Administrative Burden Of Physicians

On October 9, 2024, Bill 68, An Act mainly to reduce the administrative burden of physicians, received royal assent in Quebec.

CanadaEmployment and HR

Quit Or Fired? It All Depends On Context… And Documentation Helps Too!

A common argument that arises between employers and employees is one of "resignation vs dismissal". This is especially true where there has...

CanadaEmployment and HR

Supreme Court Of Canada Broadens The Scope Of Summary Judgment Proceedings - Will This Be A Game Changer In Wrongful Dismissal Actions

A summary judgment is a procedure used during civil litigation to promptly and expeditiously dispose of a case without a trial or the pre-trial processes such as examinations for discovery and production of documents.

CanadaEmployment and HR

The Dangers Of Being A Host

CanadaEmployment and HR

There's No Place Like Home…Unless You Are Calculating ESA Severance Pay!

In a decision that seems – at first blush – counterintuitive, Ontario's Divisional Court recently decided that the severance provisions of Ontario's Employment Standards Act, 2000 ("ESA")...

CanadaEmployment and HR

Without Cause Termination Is Not Necessarily ‘Unjust’ Under The Canada Labour Code

A recent decision has ruled that a valid employment contract can be used as a shield against a claim of unjust dismissal pursuant to the Canada Labour Code.

CanadaEmployment and HR

Showing 461–480 of 658 results

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