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Religious Accommodation: Hertz Terminates Muslim Employees in Dispute over Prayer Breaks

Posted On: January, 21 2015
Hertz car rental company in the U.S. recently came under scrutiny when it terminated 26 Muslim employees in a dispute over prayer breaks. Hertz and the employees’ union had previously agreed that all Muslim employees would be permitted to pray in a… more »
 

What Does It Take to Quit Your Job?

Posted On: January, 21 2015
In a recent British Columbia decision, the question before the court was whether an employee who stormed out of a meeting saying “I’m out of here!” was expressing an intention to quit, or an intention to go on vacation. What was at stake for the… more »
 

Court Approves of Class Action by Scotiabank Employees for Unpaid Overtime

Posted On: January, 21 2015
In the recent decision Fulawka v. Bank of Nova Scotia, the Divisional Court of the Ontario Superior Court of Justice has certified a class action permitting Scotiabank employees to advance their unpaid overtime claims as a group, rather than on an… more »
 

Keep Workplace Emails and Texts Professional

Posted On: January, 21 2015
We’ve all heard an embarrassing story where a person hit “send” before the email or text was finished, sent a sensitive email to the entire group when it was intended for only one recipient, or stated something that he or she instantly regretted in an… more »
 

Providing Dismissed Employees with a Reference

Posted On: January, 21 2015
In a decision released earlier this month, the B.C. Supreme Court awarded a former loan manager at a Vancouver credit union $220,000 in wrongful dismissal damages. The manager, Mr. Szczypiorkowski, was terminated for cause and without notice or pay in… more »
 

Employer Ordered to Pay Mental Distress Damages after Terminating Employee with Cancer

Posted On: January, 21 2015
It is unusual for courts to award punitive or mental distress damages to terminated employees. Generally speaking, courts are reluctant to find that employers have an obligation upon termination beyond reasonable notice or pay in lieu of notice. A… more »
 

Starbucks Dwarf Case: Safety Concerns and the Duty to Accommodate

Posted On: January, 21 2015
It has been reported (read the Toronto Star’s story here), that Starbucks has recently dismissed one of its employees on the basis that her step stool accommodation was a danger to others. The human rights issue in this case is that the employee has a… more »
 

Knowing Your Employment Contract: Are Termination Provisions Subject to Mitigation?

Posted On: January, 21 2015
A recent endorsement from Justice Whitaker of the Superior Court of Justice underscores the importance of clarifying the terms of an employment contract and its termination provisions prior to accepting an employment contract. Peter Bowes was laid off… more »
 

Is Employee Data Saved on an Employer-Owned Handheld Device or Computer Confidential?

Posted On: January, 21 2015
This blog considers the implications that a recent criminal law decision may have for employment law. It is not often that criminal law and employment law intersect, but a recent evidentiary issue decided by the Court of Appeal for Ontario could have… more »
 

Off Duty Conduct – High School Secretary Fired for Appearing in Adult Film

Posted On: January, 21 2015
It was recently reported that a Quebec school board had fired a high school secretary when a student at the school discovered that she had appeared in several adult films. On April 8, 2011, the National Post reported that the secretary had 9 years of… more »
 

Employer Ordered to Pay Damages and Lost Wages for Sending Inappropriate Text Messages

Posted On: January, 21 2015
Lisa McIntosh was awarded $12,500 in general damages, as well as lost wages, after being forced to leave her job due to sexual harassment by her boss, Zbigniew Augustynowicz. more »
 

What Is Bad Faith Dismissal and When Are Damages Available for Bad Faith Dismissal?

Posted On: January, 21 2015
Merrill Lynch Canada Inc. v. Soost (2010), 84 C.C.E.L. (3d) 241, 2010 ABCA 251; Soost v. Merrill Lynch Canada Inc., [2010] S.C.C.A. No. 399 [“Soost”] On April 14, 2011, the Supreme Court of Canada refused to grant leave to appeal the recent decision of… more »
 

An Employee’s Disclosure of Disability to Employer Will Trigger Duty to Accommodate: Human Rights Tribunal of Ontario

Posted On: January, 21 2015
Machado v. Terrace Ford Lincoln Sales is a recent case from the Human Rights Tribunal of Ontario (the “Tribunal”) confirming that employers must take steps to accommodate employees who disclose their disability, even where no prior request for accommodation is made. more »
 

Superior Court of Justice Affirms Ability of Terminated Employees to Seek Human Rights Code Damages in Wrongful Dismissal Actions

Posted On: January, 21 2015
A recent endorsement by Justice Echlin of the Superior Court of Justice has affirmed that disabled employees who fail to receive appropriate workplace accommodations should be permitted to pursue wrongful dismissal and human rights damages in the Superior Court of Justice, even when these two claims relate to the same set of facts: Anderson v. Tasco Distributors, 2011 ONSC 269. more »
 

When Does Employment End? The Day of Dismissal or the End of the Notice Period?

Posted On: January, 21 2015
In our previous blog we highlighted the Ontario Court of Appeal’s interesting decision to award a lengthy 9 month notice period to an executive who had 2.5 years of service. In this blog we seek to bring to your attention another interesting determination made by the Court of Appeal in that same case. This determination relates to that executive’s equity stake in the company that employed him. more »
 

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