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  • Article

    Canadian HR Reporter: Worker Sues For Constructive Dismissal After Temporary Layoff

    Faraz Kourangi discussed the importance of ensuring that employment contracts clearly authorize temporary layoffs, cautioning that without such contractual language and genuine employee consent, employers risk facing constructive dismissal claims under common law.
    CanadaEmployment and HR
    Williams HR Law
    Williams HR Law
  • Article

    Demotion After Maternity Leave Costs Employer In Constructive Dismissal Case

    In McFarlane v King Ursa Inc., the Ontario Superior Court of Justice ("ONSC") awarded a former employee more than $300,000 in damages after finding that she was constructively dismissed when she was asked to accept a demotion and pay reduction following her return from maternity leave.
    CanadaEmployment and HR
    Williams HR Law
    Williams HR Law
  • Article

    What Happens Off-Duty Doesn't Always Stay There: ONCA Confirms Employer's Duty To Investigate

    The Ontario Court of Appeal has made it clear that employers cannot remain passive in the face of workplace harassment once they become aware of it – even in the absence of a formal complaint.
    CanadaEmployment and HR
    Williams HR Law
    Williams HR Law
  • Article

    ONSC Gives Thumbs Down To One-Month-Per-Year-of-Service "Rule Of Thumb"

    Employers often rely on a "rule of thumb" of one month of notice per year of service when assessing termination entitlements. The recent decision of Carroll v. Oracle Canada ULC...
    CanadaEmployment and HR
    Williams HR Law
    Williams HR Law
  • Article

    Mandatory Mediation Is Here: What It Means For Ontario Employers

    As of June 1, 2025, mediation is mandatory for all new applications filed with the Human Rights Tribunal of Ontario ("HRTO").
    CanadaEmployment and HR
    Williams HR Law
    Williams HR Law
  • Article

    Hand Caught In The Cookie Jar: ONSC Upholds Bakery Employee's Termination For Cause

    In Abbasbayli v. Fiera Foods Company, the Ontario Superior Court of Justice ("ONSC") upheld the employer's decision to dismiss an employee for cause following an internal investigation into time theft.
    CanadaEmployment and HR
    Williams HR Law
    Williams HR Law
  • Article

    The Evolving Duty To Mitigate In Employment Law

    When an employee is dismissed, the common law grants them notice or pay in lieu to provide financial support while they search for new work.
    CanadaEmployment and HR
    Williams HR Law
    Williams HR Law
  • Article

    When Perception Is Reality: The Appearance Of Bias Undermined An Otherwise Proper Workplace Investigation

    While the law continues to evolve, one longstanding principle remains unchanged: workplace investigations must be impartial, both in practice and appearance.
    CanadaEmployment and HR
    Williams HR Law
    Williams HR Law
  • Article

    Ontario's New Job Posting And Hiring Transparency Rules In Force As Of January 1, 2026

    As of January 1, 2026, a significant set of amendments to the Employment Standards Act, 2000 [ESA]introduced through Ontario's Working for Workers framework is now fully in force.
    CanadaEmployment and HR
    Williams HR Law
    Williams HR Law
  • Article

    WSIB Strike Ends: What Employers Need To Know As Service Resumes

    After more than six weeks of labour disruption, the Workplace Safety and Insurance Board ("WSIB") and the Ontario Compensation Employees Union ("OCEU") recently reached a tentative agreement.
    CanadaEmployment and HR
    Williams HR Law
    Williams HR Law
  • Article

    Reducing Remote Work? Don't Overlook Your Duty To Accommodate

    Remote work continues to be something that organizations are grappling with.
    CanadaEmployment and HR
    Williams HR Law
    Williams HR Law
  • Article

    When The Jays Score, But Your Employee Strikes Out: Managing Off-Duty Conduct And Protecting Your Brand

    With the Blue Jays in the playoff run, baseball is top of mind for many Canadians. It's also a timely reminder for employers that off-duty conduct—whether at a game, a work event, or online—can quickly become public.
    CanadaEmployment and HR
    Williams HR Law
    Williams HR Law
  • Article

    Now Hiring? New Job Posting Rules Take Effect In 2026

    Ontario employers should be aware of new job posting rules taking effect January 1, 2026.
    CanadaEmployment and HR
    Williams HR Law
    Williams HR Law
  • Article

    Weighing In On Workplace Injuries: WSIB Extends Coverage To Employee Injured While Attending Weight Watchers Meeting

    In Decision No. 231/25, the Workplace Safety and Insurance Appeals Tribunal ("WSIAT") considered whether an employee's concussion—sustained during a paid break while attending...
    CanadaEmployment and HR
    Williams HR Law
    Williams HR Law
  • Article

    When Push Comes To Shove: Violence And Dishonesty Amount To Just Cause

    The arbitrator in Corporation of the City of Cornwall v Amalgamated Transit Union, Local 946 [Cornwall] upheld the just cause dismissal of an employee involved in a violent incident...
    CanadaEmployment and HR
    Williams HR Law
    Williams HR Law
  • Article

    Still Standing: Layoff Provision Holds Up Despite Invalid Termination Clause

    In Taylor v Salytics Inc [Taylor], the Ontario Superior Court of Justice ("ONSC") confirmed that a clearly drafted layoff provision can shield an employer from a constructive dismissal claim—even when the provision is embedded in an unenforceable termination clause.
    CanadaEmployment and HR
    Williams HR Law
    Williams HR Law
  • Article

    Employer's Reasonable Safety Steps Defeat Constructive Dismissal Claim

    While employers are held to a high standard in meeting their occupational health and safety obligations, the courts do not require them to grant every request made by an employee.
    CanadaEmployment and HR
    Williams HR Law
    Williams HR Law
  • Article

    Timing Alone Won't Win A Discrimination Case: Lessons From Amies v Lethbridge Family Services

    In Amies v Lethbridge Family Services [Amies], the Human Rights Tribunal of Alberta ("AHRT") upheld the dismissal of a complaint alleging discrimination based on mental disability under the Alberta Human Rights Act [AHRA].
    CanadaEmployment and HR
    Williams HR Law
    Williams HR Law
  • Article

    Employee's Imminent Retirement Leads To Shortened Notice Period

    While courts often award lengthy notice periods to long-service employees, a recent decision from the British Columbia Supreme Court ("BCSC") may help to reduce employers' liability...
    CanadaEmployment and HR
    Williams HR Law
    Williams HR Law
  • Article

    Holiday Cheer Without The Legal Fear: Reducing Liability At Work Holiday Parties

    For many organizations, the annual holiday party is a highlight of the season and is an opportunity to celebrate successes, connect outside of day-to-day routines, and show appreciation for employees.
    CanadaEmployment and HR
    Williams HR Law
    Williams HR Law

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