The Risks Of Terminating An Employee Without Cause
[vc_row][vc_column][vc_column_text]February 4, 2015 By Brad Smith A decision of the Ontario Superior Court of Justice shows the risk of terminating an employee without cause. In Partridge v. Botony the employee was hired as a dental hygienist but promoted to the position of office manager. The employee was the office manager when she went on maternity leave. Prior to […]
Top 5 Employment Law Tips For Hiring Your First Employee
[vc_row][vc_column][vc_column_text]December 9, 2014 Congratulations! You have started a business and are expanding to hire new employees. This is a major step for your business. Being an employer comes with great responsibility and many legal obligations. Below are five employment law tips for when you decide to hire employees: Secure written employment contractsSimple, well-drafted employment contracts […]
Medical Marijuana In The Workplace And The Risks For Employers
[vc_row][vc_column][vc_column_text]December 3, 2014 INTRODUCTION: On April 1, 2014, the Marihuana for Medical Purposes Regulations became effective. The Regulations provide that anyone who requires medical marijuana for a variety of health reasons will no longer need a licence from Health Canada to obtain it – a simple doctor’s prescription will do. As such, medical marijuana must be treated […]
New Employment Leaves This Fall
[vc_row][vc_column][vc_column_text]October 6, 2014 On April 29, 2014, Bill 21, the Employment Standards Amendment Act (Leaves to Help Families), 2014 (the “Act”), received Royal Assent and is set to come into force on October 29, 2014. The amendments provide employees with three new statutory protected leaves of absence, which are substantial changes to the Ontario Employment Standards Act, […]
For Employers, Sometimes Silence Is The Best Defence
[vc_row][vc_column][vc_column_text]May 21, 2014 Should an employer participate in Employment Insurance (“E.I.”) proceedings to determine the E.I. eligibility of a recently terminated employee when the employer has alleged just cause for termination? If the employer does participate, and the employee is found to be entitled to E.I. benefits, will this prevent the employer from relying on […]
The Importance Of Investigating Cause
[vc_row][vc_column][vc_column_text]April 7, 2014 By Brad Smith In Ludchen v. Stelcrete Industries Ltd. the Ontario Superior Court acknowledged that an employer’s duty to investigate is not clear. But the Court took a practical approach when it stated that “the failure of an employer to conduct an investigation into a serious allegation makes it difficult for an employer to later […]
Bill 168 And Threats Of Workplace Violence
[vc_row][vc_column][vc_column_text]January 19, 2013 By Brad Smith An arbitrator concluded that Bill 168 changes the law with respect to termination of an employee for workplace violence. In Kingston (City) v. Canadian Union of Public Employees, Local 109 the arbitrator had to decide if an employee should be terminated after uttering a death threat. The arbitrator dismissed the grievance […]
No Duty To Mitigate When Fixed Notice Contract
[vc_row][vc_column][vc_column_text]January 18, 2013 By Brad Smith The Ontario Court of Appeal concluded that in certain circumstances a terminated employee is not required to mitigate her or his damages. Those circumstances arise when an employee is terminated without cause, the employment contract specifies the notice period but does not specify the employee must mitigate his or her damages. In Bowes […]
Let’s Make A Deal – That Stands Up In Court
[vc_row][vc_column][vc_column_text]January 8, 2013 By Brian Babcock Judges prefer when possible to find contracts to be binding upon the parties who sign them. The more exceptions they makes, the more uncertainty exists about when a deal is a deal, and that is bad for business. A recent Ontario decision, Rubin v Home Depot Canada Inc., is a useful […]
Are You Aoda Compliant? Time Is Running Out!
[vc_row][vc_column][vc_column_text]December 13, 2012 By Brian Babcock Private businesses with more than 20 employees must have written Customer Service policies compliant with the Accessibility for Ontarians with Disabilities Act (AODA), conduct staff training, and submit annual compliance reports to the government before December 31, 2012. Time is running out to comply. If you have not taken the necessary steps, […]