Dependent Contractors And Reasonable Notice Of Termination
[vc_row][vc_column][vc_column_text]May 12, 2015 By Brian Babcock Substance usually defeats form in law, and wrongful dismissal law is no exception. Calling someone a contractor, but treating them similar to an employee, may trigger obligations of reasonable notice of termination. Thus, it comes as no surprise that in a recent trial decision, an Ontario Superior Court judge decided that […]
Western Grain By-products Storage Ltd. V. Donaldson, 2015 Fca 62 – The End Of A Saga
[vc_row][vc_column][vc_column_text]April 27, 2015 On March 4, 2015, the Federal Court of Appeal released its decision, bringing this long-standing dispute to an end. Mr. Donaldson claimed constructive dismissal under the Canada Labour Code in November 2007. He asserted the employer’s request for a “better doctor’s note”, before allowing him to return to work after a five and a […]
When A Suspension Is Termination Of An Employee
[vc_row][vc_column][vc_column_text]April 22, 2015 By Brad Smith In Potter v. New Brunswick Legal Aid Services the Supreme Court of Canada identifies when an administrative suspension is a constructive dismissal. The court concluded the employee was dismissed because the suspension was indefinite, the employer’s bad faith and its intention terminate him. The employer was required to pay out the remainder […]
Is A Termination Without Cause Always Unjust? No, Says The Federal Court Of Appeal
[vc_row][vc_column][vc_column_text]March 16, 2015 By Brad Smith In Wilson v. AECL an employee was terminated without cause and provided with 6 months severance pay. The employee complained under the Canada Labour Code alleging his termination was unjust. He argued a termination without cause is always unjust under the Canada Labour Code. Prior to Wilson v. AECL there was debate whether a […]
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 […]