Anique Dublin - Articles & Videos
Fired Whilst Pregnant: Employee Gets Five Months Pay In Lieu of Notice for Just Four and Half Months Work
In the recent case of Nahum v. Honeycomb Hospitality Inc., the Ontario Superior Court of Justice confirmed that an employee’s pregnancy is a factor that should be considered when determining reasonable notice upon the termination of their employment.
Ontario moves to protect employers from COVID-related claims.
Late last month, the Ontario government introduced legislation that should be welcome news to many, as it limits the circumstances in which people can sue where the employer acted reasonably and in good faith.
The High Cost of Misclassifying Workers
In Liebreich v. Farmers of North America, the employer was ordered to pay damages to a worker after the Court held that the worker was, in fact, a dependent contractor and not an independent contractor as alleged by the employer.
Off-Duty Conduct and the High Threshold for Summary Dismissal
While some off-duty conduct can justify discipline and even dismissal, a recent case confirms that the threshold for summary dismissal is high.
The Government of Ontario is making small claims easier, faster and more affordable to settle.
The Attorney General for Ontario recently announced that, effective January 1, 2020, there will be changes to the way claims are brought in Small Claims Court and under the Rules of Simplified Procedure.
Changes to the Canada Labour Code – Effective September 1st 2019
On September 1, 2019, several changes to the Canada Labour Code came into force. These changes impact a number of labour standards including breaks and rest periods, vacation and vacation pay and leaves of absence.
Crocodile Tears Are Not Enough: Court of Appeal Confirms High Bar for Awarding Aggravated Damages
While being terminated from one’s employment can undoubtedly lead to emotional upset, the law does not recognize mental states that fall short of injury.
Asleep At The Wheel: Why A Dozing Employee Received One Restless Slumber
This case is another in a long list of cautionary tales where employers have been penalized for acting hastily and failing to conduct an investigation before dismissing an employee for alleged misconduct.
Condonation Requires Full Disclosure
An employee who owes a fiduciary duty to their employer is not entitled to just do as they are told by the dominant shareholder. Their duty is to their employer (the company) and not to any one shareholder.
Probationary Periods
In the recent case of Van Wyngaarden v Thumper Massager Inc., the Ontario Divisional Court confirmed that unless a dismissal is in bad faith, an employer is entitled to dismiss an employee during the probationary period without cause and without notice.
