Articles

Courts often distinguish between ex gratia payments and those that are integral components of an employee’s compensation when awarding damages during the period of reasonable notice for bonuses that are otherwise characterized as “discretionary”. While this distinction has had a long pedigree, a recent decision of the Superior Court of Justice in Fraser v. Canerector Inc. presents a formidable challenge to the underlying rationale for the distinction.

Are "vaccinate or mask" policies a reasonable exercise of management rights?

A summary of the AODA standards that employers are required to comply with by January 1, 2016, and a brief look at the penalties for non-compliance.

An employer is required to pay four months' reasonable notice to an employee with less than one year of service. The employment agreement with limiting terms was deemed invalid for lack of consideration.

The HRTO's decision in Presteve Foods should give employers pause to consider whether complaints of discrimination and harassment are being properly addressed.

A key component of a workplace investigation is frequently overlooked: communicating the results to the parties. Counsel can assist clients to reduce the risk of workplace violence, conflict escalation, grievances, and lawsuits arising out of an investigation and/or the underlying conflict by tailoring an appropriate approach to delivering investigation findings.

Much has been written about CityNews reporter Shauna Hunt’s exchange with a number of men outside of a Toronto FC game, during which some of the men hurled an extremely offensive, vulgar comment at Ms. Hunt. Was Hydro One’s response to the video justified?

A recent Superior Court case illustrates not just the live issues of privilege and how to ensure protection for your client with respect to Workplace Investigation documents, but also the importance of accurate and consistent communications to all parties, starting from the moment an external Investigator is retained.