If an individual is moved into a lower level role to accommodate certain restrictions and limitations identified by their doctor, does the employer have to keep their salary and perquisites the same? This may surprise many readers, but the answer…

In a recent decision, the Ontario Divisional Court confirmed that an employer’s duty to accommodate ends when the employee is no longer capable of fulfilling the basic duties associated with their employment relationship for the foreseeable future.

While monetary damages are the usual result of legal actions, we all know that in some contexts, reinstatement is a potential remedy. It can occur in grievance arbitrations, human rights claims, and other circumstances. Interestingly, an Ontario arbitrator recently declined…

For as long as I have been practicing, we have referred to a “24 month cap” of notice when it comes to reasonable notice of dismissal pursuant to common law. In recent years, we have seen several cases break through…

Only a very small percentage of disputes proceed all the way to a hearing or trial. The vast majority settle at some point, for reasons that are fairly well known. One of the key reasons in many cases is confidentiality;…

In the wake of the #metoo movement, we saw many individuals lose their jobs and careers due to allegations of sexual harassment. One question that has arisen, and which our firm has commented upon is how employers are to react…

As we all know, employers are required to accommodate individuals to the point of “undue hardship” where the need for accommodation relates to a ground protected by human rights legislation, such as disability. The employer’s duty to accommodate is often…

Our legal system is designed to implement a stringent appeals process. When an unsuccessful party truly believes that the Court ‘got it wrong,’ either because they wrongly assessed the facts or wrongly applied the law (or in some cases both),…

In recent years, the law has evolved somewhat, all in favour of longer notice periods. The Courts have rejected the previous “rule” which capped “lower-level” employees at 12 months, reserving notice periods of more than a year for executives. As…

When an employer manufactures allegations of cause against an employee, they are acting directly against their obligation of good faith in the course of dismissal. Courts will be extremely critical of such conduct, and the employer may end up costing…