In Gagnon & Associates Inc. v Jesso, 2016 ONSC 209, the defendants (“Jesso” and “Cameau”) had been working as salesmen for the employer (“Gagnon”) for ten years when they resigned. They had been an integral part of the defendant’s operations, and were jointly responsible for approximately 60 per cent of the defendant’s sales. The defendants … Continue reading
Aylsworth v Law Office of Harvey Storm, 2016 ONSC 3938 is an interesting case that further defines the boundaries of what type of job employees can reasonably reject without failing in their duty to mitigate their wrongful dismissal damages. Lynne Aylsworth had worked at the Law Office of Harvey Storm for 15 years as a … Continue reading
The Ontario Court of Appeal recently considered the common law principles of reasonable notice and the duty to mitigate in the context of fixed-term employment contracts in Howard v Benson Group Inc. Howard, the plaintiff, was employed at an automotive service centre pursuant to a five-year fixed term contract. He was terminated without cause around … Continue reading
Last year the Ontario Government initiated a review of the Labour Relations Act, 1995 (the LRA) and the Employment Standards Act, 2000 (the ESA) to ensure that the province’s labour relations and employment standards legislation continue to reflect the realities of the modern workforce, workplace and economy. The Review, which has included extensive public consultations, … Continue reading
With high school and post-secondary students heading back to the classroom this September, many Ontario employers are on the lookout for co-op students or student interns. Co-ops and internships can be mutually beneficial arrangements for both employers and students, helping students gain meaningful work experience while allowing employers to effectively recruit future employees. However, with … Continue reading
Last year the Ontario government initiated the Changing Workplace Review, which it intends as the first step towards identifying potential reforms of the Employment Standards Act, 2000 (the “ESA”) and the Labour Relations Act, 1995 (the “LRA”) to better protect workers, while supporting businesses in our changing economy. Two government-appointed Special Advisors are responsible for … Continue reading
Should an employer’s financial circumstances be relevant when considering the period of reasonable notice to which a wrongfully dismissed employee is entitled? This question was raised on appeal in Michela v St. Thomas of Villanova Catholic School, 2015 ONCA 801. As calculating the appropriate notice period is fact-specific, the argument that an employer’s financial circumstances … Continue reading
At the outset of any business endeavour, generating funding and determining how to compensate employees often go hand in hand. There are generally three options available to compensate employees and attract investors: stock options, profit sharing, and debt financing. A stock option is a right to buy a share at a particular price on specific … Continue reading
The beginning of summer break for students across Ontario also means the release of their final grades. While student evaluation is only one part of a teacher’s job, it is crucial for the integrity of the school system and for students’ post-secondary education opportunities. In the recent decision Fernandes v Peel Educational & Tutorial … Continue reading
Ontario mines will soon be facing a new regulatory environment. As of July 1st, 2016, Regulation 854 (Mines and Mining Plants) of the Occupational Health and Safety Act will contain new requirements that are aimed at improving workplace safety within Ontario mines. The amendments cover a wide variety of areas, including: Updated training requirements for … Continue reading
In the case of Brown v. University of Windsor, involving the University of Windsor and the president of its unionized Faculty Association, the Ontario Court of Appeal had a chance to clarify the situations in which situations arbitrators would have exclusive jurisdiction over labour disputes. The claim involved allegations that the University failed to satisfy … Continue reading
It’s never easy to talk about mental illness – particularly not with your employer. However, the British Columbia Human Rights Tribunal recently held that even if it’s uncomfortable, an employee may have the obligation to discuss their condition with the employer in order to allow the employer to come up with a proper accommodation. Last … Continue reading
The Global Workplace Report is a monthly summary of our most popular blog articles from our Global Workplace Insider blog. This report provides concise commentary and insight essential for employers that want to stay current on the legal and business developments and trends impacting employment and labor matters globally. Global employment and labor trends United … Continue reading
The Human Rights Commission of Ontario (“HRCO”) very recently clarified its stance on gender-specific dress codes by issuing a policy position on the subject. The policy takes aim at sexualized dress codes found mainly in the restaurant and bar industries. Of particular concern to the HRTO were any formal or informal policies requiring women to … Continue reading
What is the meaning of a “probationary” period for an employee? This is the question the Ontario Divisional Court wrestled with in the recent case of Nagribianko v. Select Wine Merchants. The facts of the case are fairly straightforward. Upon agreeing to work for the defendant, the plaintiff agreed to an employment contract that expressly … Continue reading
In Oudin v. Le Centre Francophone de Toronto, The Ontario Superior Court dismissed a motion for summary judgment brought by an employee who alleged that the termination provision in his employment agreement was unenforceable. This provision limited his entitlement to notice of termination to the minimum required by employment standards legislation. The court did find … Continue reading
In P.G.v. Groupe Restaurant Imvescor Restaurant Group Inc. o/a Baton Rouge Restaurant (“Groupe”), the Human Rights Tribunal of Ontario (“HRTO”) awarded $12,000 in damages against a franchise restaurant for failing to accommodate the needs of a patron with post-traumatic stress disorder, obsessive compulsive disorder, and germaphobia. The restaurant was condemned by the HRTO for the … Continue reading
There is a growing body of arbitral jurisprudence upholding summary dismissal of employees who breached workplace codes of conduct, confidentiality and privacy policies by deliberately snooping into co-worker or client records without any legitimate purpose and for reasons of their own. A number of these cases have concerned privacy breaches by hospital employees. Ontario Nurses’ … Continue reading
What happens when an employer terminates an employee on a fixed-term contract? The Ontario Court of Appeal in Howard v Benson Group Inc. recently weighed in on the issue. The Court held that the employee was entitled to an amount equal to his salary and benefits for the unexpired term of the employment contract rather … Continue reading
In an unprecedented decision from last May (and worth discussing again), the Ontario Human Rights Tribunal (the Tribunal) awarded a migrant worker $150,000 in compensation for injury to her dignity, feelings, and self-respect under the Ontario Human Rights Code (the Code) as a result of sexual harassment and reprisal at the hands of her employer’s … Continue reading
In a preliminary award, an Ontario arbitrator allowed covert video surveillance footage to be used as evidence in a wrongful dismissal grievance. The complainant, Mr. Donnelly, was one of three elementary school custodians dismissed for allegedly smoking marijuana, adjacent to school grounds during working hours. The wrongful dismissal case between Ottawa-Carleton District School Board and … Continue reading
Cryptocurrencies such as Bitcoin are very much “in vogue”. “Currencies” like bitcoin are maintained by computer-based algorithms, rather than the government or a central bank. They are so popular that it’s been reported on in the past that employees have been rejecting Canadian dollar salaries for cryptocurrencies such as Bitcoin. That said, there are not … Continue reading
While courts have often held there may be just cause for termination based on certain off duty conduct, a recent case has gone the other way. Recently, in Merritt v. Tigercat Industries, 2016 ONSC 1214 (CanLII), the Ontario Superior Court of Justice reinforced the notion that an employer cannot rely on the mere existence of … Continue reading
Part of the ‘bargain’ of collective bargaining is that bargaining unit members surrender many of their common law employment rights if they aren’t expressly provided in the collective agreement. This was the issue that recently came before the Supreme Court of British Columbia in Bruce v Cohon when former CFL wide receiver Arland Bruce brought … Continue reading