The Berenstain Bears; Terminations for Cause; and Parallel Universes
Readers of certain age will recall the Berenstain Bears books – either you read them or they were read to you. I’m often reminded of them when I read decisions where a judge or arbitrator says, in effect, “Little Bear, this is what you should not do!” An example can be found in the recent case...
View the post titled The Berenstain Bears; Terminations for Cause; and Parallel UniversesSobering 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 …
View the post titled Sobering Thoughts: Hosting Social Functions with Alcohol and How to Reduce Your LiabilityOntario 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…
View the post titled Ontario Labour Relations Board (“OLRB”) increases demands on employers in construction sector Certification ApplicationsCourt 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 …
View the post titled Court Awards Former Employee 27 Months’ Pay in Lieu of Notice of TerminationOntario 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…
View the post titled Ontario Human Rights Tribunal Awards over $150,000 to Former Employees That Suffered Sexual DiscriminationMinimum 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…
View the post titled Minimum Wage increasing on October 1, 2015Changes 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…
View the post titled Changes to the Employment Standards Act, 2000Does “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…
View the post titled Does “I Quit” Really Mean “I Quit”?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 …
View the post titled Absenteeism: When Is It Enough to Warrant Termination?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…
View the post titled New SCC Decision Finds Paid Administrative Suspensions Can Trigger Constructive DismissalsReceive Blog Posts
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