New Occupational Health And Safety Poster – October 1, 2012
[vc_row][vc_column][vc_column_text]September 24, 2012 By Brad Smith As of October 1, 2012, Ministry of Labour inspectors will be looking for the new poster required to be posted in the workplace. The Occupational Health and Safety Act requires an employer to post certain information in the workplace. This includes a copy of the Act (section 25(2)(i)), the employer’s occupational health […]
Social Media And The Job Hunt: Friends Or Foes
[vc_row][vc_column][vc_column_text]May 17, 2012 You’ve heard the stories – eager applicants with stellar resumes walking out of interviews feeling as though they’ve “nailed it”, only to find out the job was offered to someone else. “How did that happen? What could I have done differently?” they ask. Have you checked your Facebook profile lately? Well over […]
Bill 168 And Workplace Violence
[vc_row][vc_column][vc_column_text]April 11, 2012 By Brad Smith Based upon the Ontario Superior Court decision in Shakur v. Mitchell Plastics, an employer cannot rely upon Bill 168 alone to enforce zero tolerance of workplace violence. Bill 168 amended the Occupational Health and Safety Act to include workplace harassment and workplace violence. Many view Bill 168 as ushering in a new era with respect […]
Restricting Restrictive Covenants
[vc_row][vc_column][vc_column_text]April 2, 2012 By Brad Smith The Ontario Court of Appeal in Veolia ES Industrial Services Inc. v. Brulé has confirmed the importance of proper drafting and the difficulty of enforcing restrictive covenants. Mr. Brulé sold his business to Veolia and entered into a restrictive covenant. As a result of drafting that was described as unfortunate, the non-competition did not […]
No Right Of Lay Off At Common Law
[vc_row][vc_column][vc_column_text]March 20, 2012 By Brad Smith The Ontario Court of Appeal confirmed that a deemed termination under the Employment Standards Act is a termination at common law. In Elsegood v. Cambridge Spring Service dated December 23, 2011, the Court was asked to determine if an employee could recover damages for wrongful dismissal after he was on lay off for 35 weeks in […]
When Layoff Is A Termination Of Employment
[vc_row][vc_column][vc_column_text]March 9, 2012 By Brad Smith A December 9, 2011 court decision confirmed and applied two legal principles in employment: continued employment is not sufficient consideration for changes to employment and there is no right of lay off at common law (the right of lay off must be included in the contract of employment). As a […]
Invasion Of Seclusion
[vc_row][vc_column][vc_column_text]March 6, 2012 By Brad Smith On January 18, 2012 the Ontario Court of Appeal broke new legal ground in the case of Jones v. Tsige: it created the tort of invasion of seclusion. It is a common law right to damages for invasion of privacy. There are three elements that must be proven. First, there has to be […]
Employee Records: New Developments In Defamation
[vc_row][vc_column][vc_column_text]November 16, 2010 By Brian Babcock Words are not just the lawyer’s stock in trade – they are the building blocks of any legal dispute. Every document in an employee’s file is a source where a disappointed employee or former employee may find grounds for a claim for damages. Sometimes, the old adage “the less said […]
Bill 168 – The Occupational Health And Safety Amendment Act
[vc_row][vc_column][vc_column_text]December 15, 2009 On December 15, 2009 Bill 168, the Occupational Health and Safety Amendment Act (Violence and Harassment in the Workplace) received Royal Assent. Bill 168 will be in effect on June 15, 2010. Bill 168 amends the Occupational Health and Safety Act to address workplace harassment and workplace violence (including a threat to exercise physical force). This […]
Bullying And Harassment In The Workplace
[vc_row][vc_column][vc_column_text]July 6, 2007 Employers are required to create and maintain a safe workplace where employees are treated fairly with civility, decency and respect. Do you have the right policies in place? Courts are awarding significant damage awards to employees who have been bullied and harassed in the workplace. Employers must take effective steps to address […]