Articles 2023

In recent years, the lack of accountability and transparency of many public and private organizations has been forcefully brought to the forefront of public attention by the actions of Edward Snowden, Catherine Galliford and numerous others. The actions of these individuals have reignited the discussion over legislative protections for those who disclose the wrongdoings of their employers.

The Stronger Workplaces for a Stronger Economy Act, 2014 (“Bill 18”), was carried after third reading on November 6, 2014. When enacted, the Bill will amend five statutes including the Employment Protections for Foreign Nationals Act (Live-in Caregivers and Others), 2009, the Employment Standards Act, 2000, the Labour Relations Act, 1995, the Occupational Health and Safety Act, and the Workplace Safety and Insurance Act, 1997.

In a decision that has many employers reconsidering the manner in which they implement their duty to accommodate, the Divisional Court recently confirmed the Ontario Human Rights Tribunal’s decision in Fair v. Hamilton-Wentworth District School Board.

In a recent Ontario Court decision an employee's chronic inability to get along with his co-workers, and his failure to apologize for making rude and unprofessional comments to co-workers constituted wilful disobedience, gross insubordination and justified his termination for cause.

The Court reminds us that determining appropriate notice periods is ‘an art and not a science’.

Does an employer's enforcement of a non-competition clause effect reasonable notice?

Assistance from the Ontario Human Rights Commission in dealing with accommodation of mental health issues in the workplace.

Court considers impact of workplace investigation in termination action

According to the recent decision of the Ontario Superior Court of Justice in Paquette c. Quadraspec Inc., an Ontario employer’s payroll outside of the province is now to be accounted for when determining if they are obligated to pay statutory severance pursuant to Section 64 of Ontario’s Employment Standards Act. To date, the prevailing view of the Court has been that only a company’s Ontario payroll would be accounted for in determining if the statutory payroll threshold had been met.