Articles 2023

The author summarizes the key takeaways from the November 4, 2024 OBA Labour & Employment Law Section program "How to Advise Your Labour and Employment Clients in the Artificial Intelligence Age." Topics include AI regulation, AI in hiring, and AI in termination decisions.

Ontario’s courts have once again proven that serious consequences ensue for employers who do not protect their employees from harassment. In Stride v. Syra Group Holdings, the court issued an award of $125,000 in human rights damages and $50,000 in moral damages for the abusive and harsh treatment the plaintiff endured.

Notwithstanding the increasing scrutiny and frequent invalidation of termination provisions by trial judges, it is still worthwhile for employers to include restrictive termination provisions in employment contracts as there are numerous examples of courts upholding the language when properly drafted. The latest example is Bertsch v. Datastealth.

A recent Superior Court decision serves as a crucial reminder for employers to “think carefully before assuring complainants that their complaints can and will be kept confidential,” especially if those complaints will be used to justify a termination for cause.

Procedural fairness is critical to conducting appropriate workplace investigations and is a central component of ensuring objectivity and propriety in the investigation process. As illustrated in this recent Federal Court decision, a failure to ensure the procedural fairness of an investigation can be fatal to its ultimate findings – or invalidate the investigation entirely.

In a significant decision for unionized workers in Ontario, the Divisional Court confirmed that the Human Rights Tribunal of Ontario and labour arbitrators share concurrent jurisdiction to determine employment-based human rights claims arising in unionized workplaces.

My key message is simple: counsel should consider mediation or arbitration as early as reasonable in the process, bearing in mind the specific nature of the dispute.