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Long Term Disability Claims in the Notice Period

Posted On: January, 21 2015
In the 2012 case of Brito v. Canac Kitchens, 2012 ONCA 61, the Court of Appeal considered what would be a nightmare scenario for many employers. In this case, the employee was covered under an employer-sponsored benefit plan, which included short- and… more »
 

“Model” Employee Outsources his Job to China

Posted On: January, 21 2015
In a recent article, the Globe and Mail reported that an American computer programmer, described by his employer as a “model employee,” had secretly outsourced his own job to a company in China. The computer programmer, referred to as “Bob” in the news… more »
 

Civil Remedies for Human Rights Claims – Part 2

Posted On: January, 21 2015
In the previous blog, we summarized a number of cases dealing with the ability of litigants in court cases to include human rights allegations in their civil proceedings.  We had explained how the 2008 amendments to the Human Rights Code had permitted… more »
 

Civil Remedies for Human Rights Claims – Part 1

Posted On: January, 21 2015
Prior to amendments to the Human Rights Code (“Code”) in 2008, Ontario’s civil courts did not have jurisdiction to hear human rights cases.  The courts’ power was limited to hearing appeals of Ontario Human Rights Tribunal decisions by way of judicial… more »
 

Employees have reasonable expectation of privacy on work computers

Posted On: January, 21 2015
The Supreme Court of Canada recently released its decision in R. v. Cole, 2012 SCC 53, in which the Court decided that employees have a reasonable expectation of privacy in the information contained on work computers where personal use is permitted by… more »
 

The Naming of Personal Respondents in Human Rights Matters and the Farris Decision

Posted On: January, 21 2015
When making an application to the Human Rights Tribunal of Ontario (HRTO), the applicant may name an organizational respondent, a personal respondent, or both.  However, when it comes to an allegation of discrimination in employment, the applicant… more »
 

Law Firm Partners Not Employees under British Columbia Human Rights Code: BC Court of Appeal

Posted On: January, 21 2015
In a recent decision, Fasken Martineau DuMoulin LLP v. British Columbia (Human Rights Tribunal), the British Columbia Court of Appeal has overturned rulings from the BC Human Rights Tribunal and the BC Supreme Court which held that partners in business… more »
 

Human Rights Tribunal of Ontario Reconsiders Test for Continuing Breaches of the Code

Posted On: January, 21 2015
In a recent decision, Garrie v. Janus Joan Inc., the Human Rights Tribunal of Ontario (“HRTO”) has clarified the principles related to determining the limitation period for discrimination claims involving a series of discriminatory incidents that are… more »
 

Andrew Pinto’s Human Rights Report Released

Posted On: January, 21 2015
Andrew Pinto’s Report concerning the Ontario Human Rights System was released by the Attorney General of Ontario.  The Report  is the culmination of Andrew’s  independent province-wide consultation on the implementation and effectiveness of the 2008… more »
 

Pay Equity Act Does Not Require the Harmonization of Wage Grids

Posted On: January, 21 2015
In Canadian Union of Public Employees Local 1999 v. Lakeridge Health Corporation (“Lakeridge Health”), the Divisional Court of Ontario upheld two decisions of the Pay Equity Hearings Tribunal (the “Tribunal”), which found that the Pay Equity Act (the… more »
 

Gender bias in severance pay?

Posted On: January, 21 2015
Pay equity is about “equal pay for work of equal value” according to the Pay Equity Commission of Ontario.  However, the Commission also recognizes that a persistent inequity continues to exist between men and women, which the Commission refers to as… more »
 

No Duty to Mitigate Contractually Fixed Notice Periods

Posted On: January, 21 2015
In the recent decision, Bowes v. Goss Power Products Ltd., 2012 ONCA 425 (CanLII), a five-member panel of the Ontario Court of Appeal unanimously ruled that there is no duty to mitigate if an employment agreement contains a fixed-term notice provision… more »
 

Unionized Workers with Human Rights Issues – You Should Choose Your Forum at the Outset!

Posted On: January, 21 2015
On a daily basis, we receive calls from unionized workers who are shocked to discover that their human-rights related grievance is subject to the nearly-unfettered discretion of their union representatives.  When we tell unionized workers that they are… more »
 

Ontario Court Awards 26 Months Notice to Long Service Employee

Posted On: January, 21 2015
In a recent decision, the Ontario Superior Court of Justice awarded 26 months of notice to a long service employee of Suzuki Canada named Syed Hussain.  Mr. Hussain had worked for Suzuki Canada in various positions for approximately 36 years.  At the… more »
 

BC Appeal Court Reduces Employee’s Notice Pay for Refusing to Work During Notice Period

Posted On: January, 21 2015
Raymond Giza worked as a bus driver for Sechelt School Bus Service Ltd. (“Sechelt”), and its owner, Randy Gould, for a period of five years.  On September 30, 2009, Mr. Giza arrived at work to find a paycheque, a pay stub and a notice of termination… more »
 

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