Serving Up Equality In The Workplace: The Ontario Human Rights Commission Releases Policy Position On Gender-specific Dress Codes
June 8, 2016 On March 8, 2016, International Women’s Day, The Ontario Human Rights Commission (OHRC) released a policy position calling for an end to discriminatory, sexualized dress codes that discriminate on the basis of sex and gender identity. Many Ontario employers, particularly in the food and beverage service industry, require female service staff and bartenders to […]
No Duty To Mitigate When Fixed Term Contract Of Employment
April 29, 2016 By Brad Smith In Bowes v. Goss Power Products Ltd. the Ontario Court of Appeal held that when an employee and employer agree to a specific period of notice and do not state the employee has a duty to mitigate, the employee does not have a duty to mitigate. On April 8, 2016 the Ontario Court […]
Jail For Health And Safety Breach: R. V. Kazenelson
January 20, 2016 By Brad Smith “… a significant term of imprisonment is necessary to reflect the terrible consequences of the offences and to make it unequivocally clear that persons in positions of authority in potentially dangerous workplaces have a serious obligation to take all reasonable steps to ensure that those who arrive for work in the […]
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 […]