Articles 2025

Aujourdʼhui
Aujourdʼhui
photo of author Tyler Sparrow-Mungal

Court Awards Terminated Employee Damages for Breach of the Human Rights Code s. 12 Plus “Inconvenience Damages”

  • 11 février 2025
  • Tyler Sparrow-Mungal

In Khanom v. Idealogic PDS Inc., 2024 ONSC 5131, the Plaintiff, whose job title is undisclosed, requested to work from home during a government-imposed stay-at-home order. The Plaintiff’s duties were primarily computer-based. The Plaintiff's request derived from concerns regarding her diabetic husband’s health, as he was particularly vulnerable to health risks posed by COVID-19. The Defendant refused the request and subsequently terminated the Plaintiff’s employment.

Droit du travail et de l’emploi, Student Forum
photo of co-author Stuart Rudner

A Litigator and a Mediator Walk into a Bar...

  • 11 février 2025
  • Stuart Rudner and Alix Minken

For most employment lawyers, mediation will be a far more common experience than trial. For most disputes, mediation is not a step on the road to trial—it is the main event. As a result, it is critical that lawyers prepare properly for mediation and take advantage of the opportunity. Alix, a litigator with Rudner Law, composed some questions that lawyers/litigators would like to hear a mediator (Stuart) answer. Below is our Q&A (which did not actually take place in a bar).

Droit du travail et de l’emploi, Student Forum
photo of author Carson Healey

Asleep at the Switch: Ignoring Employee Harassment Leads to a Colossal Damages Award

  • 05 novembre 2024
  • Carson Healey

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.

Droit du travail et de l’emploi, Student Forum
head-shot photo of co-author Andrew Bratt

At Last! Employers Score a Much-Needed Victory in the Battle Over Termination Clauses!

  • 25 octobre 2024
  • Andrew Bratt, Drew McArthur and Rachel Corwin

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.

Droit du travail et de l’emploi, Student Forum

The Duty to Investigate Workplace Harassment Exists, Even in the Absence of a Complaint

  • 20 septembre 2024
  • Inna Koldorf

Recently, the Ontario Divisional Court confirmed that incidents of harassment have to be investigated even in circumstances where there was no complaint, the harassing conduct was undertaken after working hours and away from the workplace, and the victim of the conduct did not wish to file a complaint.

Droit du travail et de l’emploi, Student Forum

Prepare for AI Regulation Ahead When Advising Employer Clients

  • 20 septembre 2024
  • Maciej Lipinski

While many employers are already considering, or are in the process of, taking steps to address the growing adoption and use of generative AI among their employees, important legal regulatory frameworks are also in development at both the Provincial and Federal levels. For lawyers advising employer clients grappling with generative AI in the workplace, it is increasingly important to keep an eye on the regulatory developments ahead.

Droit du travail et de l’emploi, Student Forum
head-shot photo of author Nikki Banwait

Marentette v Canada: The Weight of Procedural Fairness

  • 02 juillet 2024
  • Nikki Banwait

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.

Droit du travail et de l’emploi, Student Forum

Bonus or Bust: Unravelling Employee Entitlements Post-Termination

  • 02 juillet 2024
  • Shan Malhi, JD Candidate 2025, Western University, Faculty of Law

A review of the legislative and jurisprudential frameworks regarding employee bonus entitlement subsequent to the termination of their employment.

Droit du travail et de l’emploi, Student Forum