Recent decision finds constructive dismissal claim not statute-barred, Nadia writes for First Reference.
Previous WSIAT decision overturned: recent case finds constructive dismissal claim not statute-barred, Nadia writes for First Reference.
Nadia writes about the misclassification of employees for First Reference Talks
What is the legal test to distinguish between independent contractor and employee? What factors should be considered when deciding how to categorize a worker?
Stuart writes about the deductibility of EI and CERB benefits from severance payments for First Reference Talks
This issue has arisen in several recent mediations that I have conducted. As regular readers will know, Employment Insurance benefits are usually deducted from money paid out in lieu of notice of dismissal. At mediation, the plaintiff will be asked if they received EI benefits; if they did, then a mechanism for obtaining a statement of account/debt from Service Canada, and a holdback of funds to cover any repayment obligation, is typical.
For First Reference, Brittany writes about a case where the employer’s behaviour was so egregious, the award granted at trial was more than tripled.
We often see appeal courts reducing damage awards on appeal, in order to bring them more in line with established case law. Ojanen is certainly an exception – in this case, the behaviour of the employer in question was so egregious that the Court of Appeal was compelled to more than triple the award granted at trial.
Criminal records check requirement – First Reference
Can an employer require a worker to complete a criminal records check (CRC) as a condition of employment?
When is a job considered abandoned? – First Reference
When will an employee be found to have abandoned their employment? In the recent decision of Hettrick v Triple F Paving, the Ontario Superior Court of Justice dealt with this oft-asked question.
Global pandemic impact on notice periods – First Reference Talks
As we get closer to a full year of “pandemic life”, there is increased discussion of the impact of a global pandemic on notice periods.
Performance concerns irrelevant if dismissed without cause
It may surprise many, but in most dismissals, whether the employee performed very well or very poorly is entirely irrelevant.
First Reference Talks: Another termination clause void in the wake of Waksdale
Earlier this year, the Ontario Court of Appeal released its landmark decision in Waksdale v. Swegon North America Inc. This decision has now been relied on by the Ontario Superior Court of Justice to strike down another termination clause in…
First Reference: Not every change to a parent’s work schedule is discrimination
In the case of Suen v. Envirocon Environmental Services, ULC, the British Columbia Court of Appeal confirmed that not every change to a parent’s work schedule will amount to discrimination on the basis of family status. The Court confirmed that…
