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Constructive Dismissal: Limitation Period Begins to Run From Date Changes Announced

Posted On: January, 21 2015
In a recent Divisional Court decision, the Court had the opportunity to comment on limitation periods in constructive dismissal matters.  This decision concerned a class certification motion brought by employees of Allstate Insurance Company.  The… more »
 

Constructive Dismissal: Does Not Always Require a Salary Reduction

Posted On: January, 21 2015
In this recent Ontario Superior Court decision, Justice MacDougall considered the case of a manager who was demoted in title and who had his direct reports removed from his supervision.  The issue was whether this constituted constructive dismissal,… more »
 

Can you be fired for wearing an orange t-shirt?

Posted On: January, 21 2015
Can you be fired for wearing an orange t-shirt? Turns out you can in Florida. In a recent and on-going case in the United States, 14 employees at a Florida law firm were fired en masse for wearing orange t-shirts.  The background to this story is that… more »
 

No Such Thing as an Indefinite, Temporary Lay-Off

Posted On: January, 21 2015
The Ontario Court of Appeal recently decided an interesting case in which counsel for the employer/appellant raised a novel argument regarding the interESAion of the Ontario Employment Standards Act, 2000 (“ESA”) and the common law as they relate to… more »
 

Damages for Wrongful Dismissal Are Calculated on an Employee’s “Global Compensation”

Posted On: January, 21 2015
The recent case of Olivares v. Canac Kitchens, 2012 ONSC 284 provides a useful reminder of what to include in a damages calculation for a wrongful dismissal case.  In this case, the Plaintiff had worked for Canac Kitchens for 24 years when his… more »
 

Legislation Restricting Right to Strike Deemed Unconstitutional: Saskatchewan Court

Posted On: January, 21 2015
The Court of Queen’s Bench for Saskatchewan has ruled that the right to strike is protected by the freedom of association provisions of Charter of Rights and Freedoms. In a decision released in February 2012, the Saskatchewan Court held that that… more »
 

Pension-Plan Case Heads to Supreme Court

Posted On: January, 21 2015
On December 1, 2011, the Supreme Court of Canada granted leave to appeal of a decision of the Ontario Court of Appeal regarding the right of pension-plan members to claim priority over the assets of their bankrupt company to cover a shortfall in their… more »
 

Human Rights Tribunal to hear Challenge to WSIB’s Traumatic Mental Stress Policy

Posted On: January, 21 2015
The Human Rights Tribunal recently convened a rare three-member panel to consider the issue of whether the Human Rights Tribunal has jurisdiction to decide if the WSIB’s Traumatic Mental Stress (“TMS”) policy and the related provisions of the Workplace… more »
 

For Employers – Take the Time to Conduct Thorough and Thoughtful Performance Reviews

Posted On: January, 21 2015
Does your company conduct pro forma performance reviews? Do your non-unionized employees sometimes receive group salary raises in the standard course when their individual performance does not merit a raise? Performance reviews are important human… more »
 

Class Action Lawsuit for Unpaid “Interns”

Posted On: January, 21 2015
Unpaid internships are becoming more common in the labour market and are replacing entry level positions in various industries. Typically, unpaid internships have been the means of gaining experience in the television, film, and print media industries.… more »
 

BC Court Invalidates Resignation of Employee Who Quits under Threat of Termination

Posted On: January, 21 2015
Philip Chan was a general manager for Denny’s restaurants and had been employed with Denny’s for 15 years when he resigned from his job after his supervisor criticized his performance and threatened him with dismissal. Believing that his termination was… more »
 

Pick Your Forum Wisely: The Supreme Court Affirms that Human Rights Tribunals Are Not Entitled to Review Human Rights Decisions of Other Administrative Decision Makers

Posted On: January, 21 2015
In its 2006 decision Tranchemontagne v Ontario (Director, Disability Support Program), the Supreme Court of Canada affirmed that all administrative tribunals, and not just human rights tribunals, are entitled and required to apply human legislation,… more »
 

Is “Character of Employment” Evolving as a Factor in Fixing Notice Periods? Part 2 of 2

Posted On: January, 21 2015
The Emerging “Egalitarian” Approach In some recent decisions from outside Ontario, trial judges have again been questioning the emphasis that has often been placed on character of employment as a factor in fixing notice periods. Interestingly, the… more »
 

Is “Character of Employment” Evolving as a Factor in Fixing Notice Periods? Part 1 of 2

Posted On: January, 21 2015
Some recent cases and articles have proposed that an employee’s “character of employment,” which is usually understood to mean an employee’s rank within an employer’s organization, could become a less relevant factor in assessing notice periods. The… more »
 

Alcoholism and Disability Accommodation in the Workplace

Posted On: January, 21 2015
The recent Ontario human rights case of Huffman v. Mitchell Plastics, 2011 HRTO 1745, raises several important issues related to accommodating disabilities in the workplace, and serves as a good reminder to both employers and employees about their… more »
 

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