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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 »
 

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 »
 

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