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Published on: 27 Nov 2015 By

Workplace Safety and Insurance Board Consulting Regarding New System for Calculating Employer Premiums

Most employers in Ontario are subject to the Workplace Safety and Insurance Act (the “WSIA”), with the majority of those employers falling under Schedule 1 of the legislation. For Schedule 1 employers, contact with the Workplace Safety and Insurance Board (the “WSIB”) generally occurs only a…

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Published on: 3 Nov 2015 By

Unionized Employee Dismissed from Hydro One for Off-Duty Conduct Reinstated to His Former Position

Last summer a significant amount of media attention was focused on employees being terminated for actions that occurred outside of working hours. One of the most notorious cases involved a unionized Hydro One employee who was dismissed for making vulgar and sexist comments to a television ne…

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Published on: 14 Oct 2015 By

Ontario Labour Relations Board Finds that Employee Fired for Sleeping on the Job is Still Entitled to Termination Pay

Many employers are aware that they can terminate an individual’s employment without notice where there is “cause” (generally acts that fundamentally undermine the employment relationship such as theft, violence in the workplace, etc.). However, employers may not be aware that Ontario’s emplo…

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Published on: 21 Sep 2015 By

Court Awards Former Employee 27 Months’ Pay in Lieu of Notice of Termination

A recent judgement by an Ontario court serves as a reminder to employers of the importance of having employment contracts in place to limit the business’ financial exposure when terminating an employee. Employers are likely aware that they generally cannot terminate employment without cause …

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Published on: 21 Aug 2015 By

Ontario Human Rights Tribunal Awards over $150,000 to Former Employees That Suffered Sexual Discrimination

A recent ruling by the Ontario Human Rights Tribunal (the “Tribunal”) has set a new high-water mark for damages awards against employers. Employers that are found to have allowed their employees to suffer from sexual discrimination, including sexual harassment, in the workplace face potentia…

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Published on: 14 Apr 2015 By

Terminating an Employee without Checking Their HR File First Can Have Serious Consequences for Employers

Sometimes the need arises to end an employment relationship quickly. However, it’s vitally important to ensure that you check the employee’s human resources file for potential human rights considerations before making any decisions, as confirmed by a recent decision by the Human Rights Tribu…

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Published on: 7 Jan 2015 By

Ontario Court Confirms Workplace Violence Not Automatically Cause for Termination in All Cases

Since amendments to the Occupational Health and Safety Act introduced by Bill 168 imposed new obligations to proactively address workplace harassment and violence issues, employers have sometimes been tempted to approach all instances of workplace harassing or violent conduct by an employee …

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Published on: 7 Jan 2015 By

New Amendments to the Employment Standards Act, 2000 May Require Employers to Find Themselves Guilty of Violating the Act

The majority of employers in Ontario are required to abide by the Employment Standards Act, 2000 (the “ESA”), legislation that includes standards for, among other things, the provision of a minimum wage, statutory holiday pay, overtime and limitations on hours of work. Where employees believ…

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Published on: 3 Nov 2014 By

Jian Ghomeshi Case Involves a Complicated Interaction of Labour and Employment Law Principles

The recent termination of Jian Ghomeshi’s employment by the Canadian Broadcasting Corporation (the “CBC”) from popular radio program “Q” has raised a number of important moral questions about the allegations against the former host. However, the situation also raises fundamental legal questi…

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Published on: 30 Sep 2014 By

Employer’s Obligation to Accommodate Employee Does Not Extend to Requiring Other Employees to Suffer a Significant Reduction in Pay

For many employers, particularly those in unionized settings, finding appropriate work for employees requiring medical accommodation can be challenging. This is particularly the case where a position that may address an employee’s accommodation needs is occupied by another employee. However,…

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