The Human Rights Tribunal of Ontario has the authority to govern its own proceedings. Within this authority is the power to declare any applicant a vexatious litigant and to identity any abuse of process, either of which may result in the dismissal… Click here to read the rest of the article
I learned a new way of looking at policies recently. The standard ways that you do things at your workplace, how you treat and manage your employees, your day-to-day practices—these are your HR policies and p… Click here to read the rest of the article
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On April 3, 2017, the Ontario Ministry of Labour published amendments to the Occupational Health and Safety… Click here to read the rest of the article
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Many employers include termination clauses in employment contracts to limit their liability when dismissing employees. When employers draft generous termination provisions providing for more than statutory minimums, they must follow through on that… Click here to read the rest of the article
Statistics Canada reports that “in 2015, there were over 86,000 victims of violence committed by a spouse, parent, child, sibling or other family member in Canada”, just under half were perpetrated by spouses or ex-spouses and women represented 79% o… Click here to read the rest of the article
In 2010, Mr. Skinner was involved in a motor vehicle accident while working, and subsequently developed a physical and mental disability. After exhausting conventional drug options to treat his symptoms, Mr. Skinner’s physician prescribed medical m… Click here to read the rest of the article
“Marijuana use may become legal, and employers may need to review and amend their workplace policies and procedures to reflect this (changing the status of cannabis from illegal to legal) – but employers would still be able to restrict the use and p… Click here to read the rest of the article
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On March 31, 2017, the Ontario Ministry of Labour released its employment standards and health and safety blitz schedule for 2017–18.
Ontario Budget … Click here to read the rest of the article
The laying of a criminal charge alone does not constitute just cause (i.e. dismissal without notice) in every instance. In order to summarily dismiss an employee for being charged with a criminal offense, the employer must show that there is some … Click here to read the rest of the article
Although the final report from The Changing Workplaces Review is not expected until later this year, the Ontario New Democratic Party (“NDP”) introduced a private member bill on April 4, 2017 aiming, among other things, to make it easier for workers … Click here to read the rest of the article
We all know that most Judges will try to protect employees when they can, as the perception is that employers have greater resources. In recent times, my firm has written about the dangers of accepting resignations too quickly and the need to allow an employee who purports to quit some time to cool down and reconsider. Another recent case adopted a similarly protection approach but in a very different context: the unintentional dismissal. While you may not have heard of this concept before, it is, apparently, a thing.
The post You can fire someone without saying so, but even “I quit” may not be a resignation appeared first on First Reference Talks.
“But a possible answer to some of the talent acquisition challenges being faced by businesses is the hiring of remote employees. The hiring of employees who may not physically reside in the same location as the business, opens up many opportunities… Click here to read the rest of the article
I often get calls from employers who are the subject of a Ministry of Labour (“MOL”) inspection.
Sometimes the employer is a target of one of the MOL’s pro-active enforcement blitzes. For information on the MOL’s 2017-2018 blitzes, click here.
Also, … Click here to read the rest of the article
Une récente décision arbitrale indique que l’obligation d’accommoder les besoins d’un employé pour cause de situation de famille en vertu de la Loi canadienne sur les droits de la personne, comme l’a reconnu la Cour d’appel fédérale dans Johnstone, e… Click here to read the rest of the article
A recent adjudication decision suggests that the duty to accommodate an employee’s family status needs under the Canadian Human Rights Act, as recognized by the Federal Court of Appeal in Johnstone, is “quite narrow and limited”. In Guilbault v. Tre… Click here to read the rest of the article
What is an employer to do when served with a Statement of Claim? Here are the most common questions we get:
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After conducting inspections of 104 Ontario employers that had previous employment standards violations,… Click here to read the rest of the article
A recent decision from the Ontario Court of Appeal, Roberts v. Zoomermedia Limited, dealt with the unusual situation of a defendant employer arguing that its own contractual termination provision was unenforceable and thus the plaintiff employee was… Click here to read the rest of the article
“Operating a motor vehicle for work is more than driving a truck, cab or ambulance. Anyone driving from home to a location different from their usual workplace, or travelling for work, is usually “in the course of employment” under workers’ compe… Click here to read the rest of the article
