How Not to Do an Employment Investigation and Termination
May 30, 2022 By Brian Babcock A failure to do a proper investigation before terminating an employee, and then botching the termination, can lead to significantly increased damages payable by the employer to the employee. This is illustrated in the case of McGraw v Southgate (Township). The plaintiff was a volunteer fire fighter who held […]
The Working for Workers Act
April 24, 2022 By Brian Babcock Most of the Working for Workers Act, 2021 is now law in Ontario. How might it affect your business or organization, or your life as a worker? This Act amends several existing laws that affect the workplace, most particularly the Employment Standards Act. In a nutshell, the significant changes […]
Taking Sexual Misconduct Seriously
April 15, 2022 By Brian Babcock When is sexual misconduct by one employee against a fellow worker grounds for dismissal for cause? This requires an analysis of the seriousness of the misconduct. In most dismissal cases, a single, brief isolated incident of misconduct is not considered serious enough to warrant dismissal – it fails to […]
How to Develop a Disconnecting From Work Policy
March 21, 2022 By: Mark Lahn In December 2021, the Working for Workers Act, 2021 came into effect. One key change that this legislation made is the requirement for certain workplaces to implement a disconnecting from work policy. News and social media commentary about the legislation made sweeping headlines such as “It’s Now Illegal For […]
Another Sign of Hope for Employers?
March 18, 2022 By Brian Babcock If you are an employer, you might well be frustrated by the attitude of the courts towards the enforcement of termination clauses in contracts. Of course, even though we have commented previously on how the courts, often for good reason, favour employees in the interpretation of employment contracts, you […]
Employees: Read the Fine Print
January 30, 2022 By Brian Babcock Courts often favour employees in disputes over the terms of employment contracts, as we have written many times before. This is typically justified on the basis of the inequality of bargaining power between employers and employees. One way that courts do this is by requiring employers to bring onerous […]
Jurisdiction and Human Rights: Looking Beyond the Headlines
January 30, 2022 By Brian Babcock Note: An Ontario Human Rights Tribunal has since ruled on this matter in the Ontario context. Please see “Jurisdiction and Human Rights: An Ontario Perspective” for an updated discussion. “Arbitrators have exclusive jurisdiction over human rights cases if there is a collective agreement” is the sort of headline that […]
Rationality, Reasons and Human Rights
December 5, 2021 By Brian Babcock If an administrative tribunal makes a decision against you that makes no sense to you, go not give up right away. It may be possible to go to court and have it overturned. An administrative tribunal, in order to make a decision which will withstand judicial review, must make […]
Human Rights Settlements: Contravention May Cost You
December 5, 2021 By Brian Babcock What happens if a party to a human rights settlement fails to perform the non-monetary terms of the settlement? The was the question recently considered by the Ontario Human Rights Tribunal (HRTO). It is very common, if not universal, for human rights settlements to contain non-monetary terms – things […]
Constructive Dismissal or Workplace Injury?
November 21, 2021 By Brian Babcock It is well established law that a worker cannot sue their employer (or coworkers) for a workplace injury covered by worker’s compensation. But until this case, few if any cases involved a claim for mental stress. The employer brought an application to the Workplace Safety and Appeal Tribunal to […]