Denial of Reinstatement After Unjust Discharge - Again May 15, 2013 Andrea Bowker A recent case involving the discharge of an employee after a workplace dispute with a co-worker sends mixed signals concerning damages in lieu of reinstatement as an appropriate remedy.
Employee or Independent Contractor? Actions Speak Louder than Words May 15, 2013 Karen Jensen This article focuses on an issue that arises frequently in the practice of an employment lawyer: whether or not someone is working as an independent contractor or an employee. A recent Federal Court of Appeal decision, Connor Homes, provides some clear and concise guidance on this issue.
Navigating the Difficult Terrain of Employment and Disability Claims May 15, 2013 Hugh R. Scher, Caroline Schulz The obligation of an employer to maintain employment benefits, including STD and LTD benefits is established by law, however, this is only for an extremely limited period and is often impacted by the terms of insurance policies that govern the disability claim.
"Time Is Money": Human Rights Tribunal Orders Reinstatement Plus 9 Years' Worth of Retroactive Compensation and General Damages May 15, 2013 Jeff C. Hopkins In a recent stunning decision, Fair v. Hamilton-Wentworth District School Board, the Ontario Human Rights Tribunal not only ordered that the applicant, Sharon Fair, be reinstated to her former employer, the Hamilton-Wentworth District School Board
M. Norman Grosman Winner of Inaugural Randall Echlin Mentorship Award. May 15, 2013 Norm is the managing partner of Grosman, Grosman, Gale LLP, a Toronto employment and labour law firm which he founded with his brother Brian 30 years ago.
Bill C-377: How Will it Affect You? March 18, 2013 Denis W. Ellickson, Andrea Wobick Final releases, which once guaranteed that legal proceedings brought by employees as a result of termination of employment would be stopped in their tracks, are now more likely to be set aside as unconscionable following the SCC's decision in Rubin v. Home Depot Canada Inc.
Family Status Accommodation in Ontario - Taking the Middle Road March 18, 2013 Adrian Ishak The still evolving debate on family status discrimination in Canada has turned on how broad the scope of protection provided to employees should be.
Nosiness Comes at a Cost: Damages for privacy violations in the workplace March 18, 2013 Denis W. Ellickson, Meg Atkinson With the growing digitization of our personal lives, information relating to our private matters is becoming increasingly accessible. On the other hand, just because information is accessible does not mean that every person – or employer – is entitled to access it.
Failing to Comply with the Employment Standards Act, 2000 March 18, 2013 Carissa Tanzola Many individuals and employers appreciate the consequences for failing to comply with the Employment Standards Act, 2000 and as a result, ensure compliance within the prescribed time period.
Ontario Labour Relations Board Implements Changes for Upcoming Open Period in the Construction Industry March 18, 2013 Carrie L. Clynick February 1, 2013 marked the first day of the open period for many construction collective agreements in Ontario. By statute, collective agreements in the ICI and residential sectors of the construction industry are open during the three months prior to their expiry.