Articles

About Articles The following articles are published by the Labour and Employment Law Section of the Ontario Bar Association. Members are encouraged to submit articles. 

Editor: Mitchell Rose

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Today
Discretionary Bonus or An Integral Part of Compensation? The Court’s surprising conclusion in Fraser v. Canerector Inc.

Discretionary Bonus or An Integral Part of Compensation? The Court’s surprising conclusion in Fraser v. Canerector Inc.

  • December 16, 2015
  • Joshua Concessao

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.

Effectively Communicating the Outcome of a Workplace Investigation: A Critical Step

Effectively Communicating the Outcome of a Workplace Investigation: A Critical Step

  • June 30, 2015
  • Ashley Lattal

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.

Labour and Employment Law
It is Time for a Change in the Law on Termination for Off-Duty Conduct

It is Time for a Change in the Law on Termination for Off-Duty Conduct

  • May 27, 2015
  • Inna Koldorf

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?

Labour and Employment Law