Locked Up: They Won’t Let Me Out (For My Shift)
What happens if someone is in jail and can’t make it to work? Can they be fired? Or is their contract of employment frustrated? Or does the employer have to keep their job open for them?
OHRC Finds Fighting Between Co-Workers Who Are Relatives Is Not Reprisal
In Leason v. ADAMANDA INC. o/a Dairy Queen Grill and Chill, Huntsville, the applicant brought a reprisal complaint against the respondent employer. In that case, conduct that might have been unlawful in most cases was found not to be, because the parties were all related.
Antisemitism in the Workplace: A Primer for Employees and Employers
As employment lawyers, we are particularly concerned with the rights of employees to have a workplace that is respectful, inclusive and free of harassment and discrimination.
Court Decision on After-Acquired Cause
Can an employer assert just cause for a dismissal that happened years before? Here’s one case where facts came to light after the dismissal.
Reminder: Changes to the Canada Labour Code Take Effect On February 1, 2024
Significant changes to the Canada Labour Code are taking effect as of February 1st, 2024 which will impact federally regulated employers and employees.
What’s in a name? Legally speaking, you may not want that fancy job title.
In this update, Stuart talks about the legal implications of being called a manager, supervisor, or director.
Mitigation Income
A dismissed employee’s damages are subject to mitigation and any income they earn during the common law notice period is to be deducted from the damages owing from their former employer.
Deadline Extended for New Licensing Requirements for Temporary Help Agencies and Recruiters in Ontario
The Ontario government has recently announced that Temporary Help Agencies and Recruiters in Ontario will now have until July 1, 2024 to obtain licenses to operate.
Moral Damages Awarded to Dismissed Employee
When dismissing an employee, the employer is expected to treat the employee fairly and respectfully, and in good faith. Acting in bad faith can attract awards of damages in addition to the damages normally awarded for wrongful dismissal.
Deadline to File AODA Compliance Report: December 31, 2023
The AODA requires employers within Ontario with 20 or more employees to file their Accessibility Compliance Reporting Form by December 31, 2023.
Yes, Off-duty Conduct CAN Lead to Dismissal
What can an employer do if one of their employees makes inappropriate comments online or participates in protests or assemblies which espouse offensive views?
Terminating Fixed Term Contracts
Terminating a fixed term contract can result in significant liability for a company, even when that contract is for an independent contractor rather than an employee.