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Published on: 28 Sep 2015 By

Sobering Thoughts: Hosting Social Functions with Alcohol and How to Reduce Your Liability

(This is a repost of an article originally published in 2013) The days are getting shorter and the weather cooler. Fall is clearly here. For many employers, this means that plans for the office holiday party are in the works. It also means that many employees will be consuming alcohol at an …

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Published on: 24 Sep 2015 By

Ontario Labour Relations Board (“OLRB”) increases demands on employers in construction sector Certification Applications

From the “are you kidding me??” file … When employers in the construction sector receive an Application for Certification by a Union, they have two business days to file a Response. You can imagine the whirlwind of activity this creates even if the Application comes to the attention of the r…

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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: 21 Aug 2015 By

Minimum Wage increasing on October 1, 2015

Employers in Ontario should take note that effective October 1, 2015, the minimum wage in Ontario is increasing. The general minimum wage will increase from $11.00/hour to $11.25/hour. Student minimum wage will increase from $10.30/hour to $10.55/hour. Liquor servers’ minimum wage will incre…

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Published on: 30 Jul 2015 By

Changes to the Employment Standards Act, 2000

New ESA Poster Requirement The Ministry of Labour has released a new version (6.0) of its Employment Standards Poster, Employment Standards in Ontario. Posting The new version of the poster must be posted in each of an employer’s workplaces in a location where it is likely to come to the att…

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Published on: 23 Jul 2015 By

Does “I Quit” Really Mean “I Quit”?

Case law has not always been clear on what constitutes a resignation by an employee. More often than not, it seems very difficult for an employer to establish a resignation where the employee changes his/her mind down the road. However, in Kerr v. Valley Volkswagen, 2014 NSSC 27 (CanLII), th…

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Published on: 17 Jul 2015 By

Absenteeism: When Is It Enough to Warrant Termination?

This issue was addressed in the recent arbitral decision of Humber River Hospital v. Teamsters, 2014 CanLII 50008 (ON LA), where the grievor was employed in the Dietary Department of the hospital and had been for fifteen years. The grievor had a persistent pattern of frequent and unexpected …

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Published on: 8 Jul 2015 By

New SCC Decision Finds Paid Administrative Suspensions Can Trigger Constructive Dismissals

Most employers are familiar with the most common changes to employment contracts that can trigger a constructive dismissal: changing pay, hours, demotions, duties, work location, etc. However, in the March 2015 decision of Potter v. New Brunswick Legal Aid Services Commission, the Supreme Co…

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Published on: 4 May 2015 By

New ESA Poster Requirements for Ontario Employers

The Ontario Ministry of Labour has just released its new version (6.0) of the Employment Standards Poster entitled “Employment Standards in Ontario”. Ontario employers must immediately post this new poster in each of its workplaces in a location likely to come to the attention of…

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