ArticleNo Common Law Duty To Investigate Prior To For Cause TerminationThe Court of Appeal of Manitoba recently confirmed that there is no common law duty on an employer to investigate prior to terminating an employee for just cause.CanadaEmployment and HRCCPartners
ArticleOntario Government Releases Its "Workplace Violence Prevention In Health Care" ReportOn August 20, 2015, we reported on the Ontario Government's intention to elevate violence prevention for health care workers. CanadaEmployment and HRCCPartners
ArticleCOVID-19 Provincial Update: Further Easing Of Restrictions And Extension Of Previous OrdersOn May 6, 2020, the Ontario government announced that it will be allowing retail stores with a street entrance to provide for curbside pickup and deliveryCanadaCoronavirus (COVID-19)CCPartners
ArticleAre You Ready For It? WSIB New Rate Framework Will Apply Beginning January 1, 2020Change is coming for Schedule 1 Employers who are insured under the Workplace Safety and Insurance Act.CanadaEmployment and HRCCPartners
ArticleCourt Enforces Without Cause Termination Provision Where Employment Agreement Also Contained An Invalid Termination For Cause ProvisionCCPartners has blogged on a number of court decisions that address the enforceability of termination clausesCanadaEmployment and HRCCPartners
ArticleEI Officer's Ruling Prevents Misconduct Allegations In Unjust Dismissal HearingAs many employers are aware, it can be an uphill battle to uphold a dismissal for just cause. A recent ruling under the Canada Labour Code (the "Code") demonstrates CanadaEmployment and HRCCPartners
ArticleIs Your Termination Clause Enforceable? Check Again!Enforceable termination clauses in valid employment agreements are a key tool of employers in limiting liability to employees at the time of dismissal.CanadaEmployment and HRCCPartners
ArticleIt's High Time They Went (Away): Unifor Drops Legal Challenge To Suncor's Random Drug TestingAs you no doubt noticed on our Twitter feed last week, in a few short weeks Suncor Energy will begin random drug testing of employees at its various sites in and around Fort McMurray, AlbertaCanadaEmployment and HRCCPartners
ArticleKey Human Rights Decision Upheld By Divisional CourtThe Divisional Court upheld a noteworthy Ontario Human Rights decision in which the Tribunal ordered the reinstatement of an applicant whose employment had been terminated for almost a decade.CanadaEmployment and HRCCPartners
ArticleNo Gracias: Ontario Superior Court Justice Awards 5-Month Employee 3-Months Reasonable NoticeRecently in Gracias v Dr David Walt Dentistry, 2022 ONSC 2967 ("Gracias") Justice Perell delivered a disappointing decision for employers. CanadaEmployment and HRCCPartners
ArticleTie Goes To The Runner: Termination Language Almost Upheld, But Potential Ambiguous Interpretation Leads Court To Award Reasonable NoticeIn this space, you have seen numerous articles reporting on the latest decisions interpreting contracts of employment: employees challenging anything and everything in the effort to be awarded common-law reasonable notice...CanadaEmployment and HRCCPartners
ArticleCCP'S Take On The CPP – Episode III: The Empire Strikes Back (At ORPP)So it's not exactly the Empire versus the Rebels, but the Trudeau government has effectively nixed the Ontario provincial mini-Empire's plans to implement the Ontario Retirement Pension Plan ("ORPP").CanadaEmployment and HRCCPartners
ArticleDon't Make Promises You Can't (Or More Accurately, Don't Intend To) Keep Or It May Come Back To Bite You In The Bottom (Line)!I recently spoke at a Lancaster House webinar on the topic of "good faith and honest performance" in the employment context, and the recent case of Teljeur v Aurora Hotel Group 2023 ONSC 1324 is a good illustration of how those concepts apply in respect of a termination of employment.CanadaEmployment and HRCCPartners
ArticleSometimes A Full And Final Release Is Just That: Manitoba Human Rights Commission Denies Complaint On Basis Of Signed ReleaseYou have read in this space about recent cases where the language and enforceability of an executed Release has been called into question, including whether a Release covered claims...CanadaEmployment and HRCCPartners
ArticleCourt Upholds Journalist's Co$tly Breach Of Confidentiality - Strike 2 For Jan WongIn August of 2013 CCP wrote this article about Jan Wong, a long-time writer for the Globe and Mail, who was ordered to repay the money she received in a settlement with the Newspaper after she lost her job.CanadaEmployment and HRCCPartners
ArticleYou Get What You Give – Court Confirms It Is Appropriate To Provide Part-Time Benefits When Accommodated Employee Works In A Part-Time PositionBy now most employers know (or should know) that accommodation is a difficult process to navigate. One of the challenges that employers CanadaEmployment and HRCCPartners
ArticleOntario Court Of Appeal Affirms Lower Court Decision Not To Grant An Injunction On Covid-19 Vaccination PolicyRecently, the Ontario Court of Appeal (ONCA) released a unanimous decision (here) upholding a lower court's refusal to grant an injunction against an employer's COVID vaccination policy.CanadaEmployment and HRCCPartners
ArticleApril 1st Deadline For Working At Heights Training Requirements For Construction Projects Extended - For SomeApril 1, 2017 is the deadline date for workers to be trained on the working at heights (WAH) training requirements as set out in the Occupational Health and Safety Act, Construction Regulation. CanadaEmployment and HRCCPartners
Article"Too Much" Is Never Enough When Dignity Injured: B.C. Human Rights Tribunal's Ground-Breaking Award Restored By Court Of AppealYou may recall that CCPartners wrote in November of last year about a case making its way through the judicial review process in British Columbia.CanadaEmployment and HRCCPartners
ArticleUPDATE (Kind Of) COVID-19: Federal Government Announces New Wage Subsidy For EmployersLast week the government of Canada announced that it will offer a wage subsidy of up to 75% for qualifying businesses, backdated to March 15, 2020. CanadaCoronavirus (COVID-19)CCPartners