Labour & Employment

A WARNING TO EMPLOYERS – THINK YOU HAVE CAUSE? THING AGAIN……THE HEAVY PRICE YOU MAY PAY

The September, 2015 Case: Gordon v. Altus Group Limited 2015 ONSC 5663. The Outcome: The employer alleged cause for termination. The Court held there was no cause for termination. The employer had to pay not only damages for failure to provide reasonable notice, but also $100,000 in punitive damages (for a failure to perform the […]

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THE NEW ONTARIO RETIREMENT PENSION PLAN – AN UPDATE AND WHAT IT MEANS FOR YOU

"The Ontario Ministry of Finance released more information on the key features of the Ontario Retirement Pension Plan (ORPP) on August 11, 2015. By 2020, everyone employed in Ontario (other than certain "exempted" employees) will accrue pension benefits under either a "comparable workplace pension plan" or the ORPP. Many details of the ORPP remain unknown

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EMPLOYEES – CLAIMING YOUR MISCONDUCT IS DUE TO A DISABILITY (MENTAL HEALTH, ALCOHOLISM, etc.) MAY NOT SAVE YOU

This employee made threats againt co-workers. He was terminated. He sued for wrongful termination, claiming that his conduct was due to his dependency on alcohol (which is a recognized mental health disability). He claimed the employer discriminated against him under the Human Rights Code on the basis of his disability. The Court of Appeal disagreed.

EMPLOYEES – CLAIMING YOUR MISCONDUCT IS DUE TO A DISABILITY (MENTAL HEALTH, ALCOHOLISM, etc.) MAY NOT SAVE YOU Read More »

SEVERANCE PAY UNDER THE EMPLOYMENT STANDARDS ACT – MUST BE BASED ON YOUR EMPLOYER'S GLOBAL PAYROLL, NOT ONLY ONTARIO

If you are terminated from your job, you may be entitled by law to "severance pay" under the Employment Standards Act of Ontario. One of the conditions may be that your former employer had a annual payroll of $2.5 million or more when you were terminated.  Now, in Ontario, this test is based on your

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TERMINATING AN EMPLOYEE FOR POOR PERFORMANCE – NOT IF YOU DON'T FOLLOW THE RULES

Before terminating an employee for unsatisfactory performance (especially if cause for termination is alleged), an employer must take proper steps to minimize the risk of liability for wrongful termination. Generally, these steps, which sometimes are called progressive discipline, include: the employee must be aware of the employer’s expectations; the employee’s performance must be significantly unsatisfactory

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IT'S THE LAW – HAVE YOU BEEN GIVEN YOUR ESA POSTER?

To help ensure that employers understand their obligations and that employees know their rights, the Minister of Labour has prepared and published an Employment Standards Poster entitled Employment Standards in Ontario. This poster describes important rights and requirements under the Employment Standards Act, 2000 and must be posted in the workplace where it is likely

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HOLD ON – BEFORE TERMINATING AN EMPLOYEE – A CHECKLIST FOR EMPLOYERS

Terminating an employment relationship should not be decided without planning and consideration of potential obligations. Liability for reasonable notice, or pay in lieu of notice, must be considered.  Before any employer decides to terminate an employee, here is a checklist that will be helpful to review before a decision is made to terminate an employee.

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EMPLOYERS – TIPS FOR NAVIGATING EMPLOYEES' PRIVACY

Ensuring privacy in the workplace is increasingly important for employers in Ontario law. Employees are making more complaints. The Courts are focusing more on employee privacy in the workplace. Both the Ontario and the federal Privacy Commissioner seem to be adjudicating more employee complaints. For example, cases are emerging about: a) posting employees photos in

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EMPLOYERS – DID YOU THINK THAT RELEASE FORM WOULD PROTECT YOU FROM PAYING MORE? BE CAREFUL – MAYBE NOT

EMPLOYERS – Make sure you take care in your release form for the dismissed employee to sign. The new case: Hutton v. ARC Business Solutions Inc., 2015 AHRC 7 (Alberta Human Rights Tribunal). The employer paid a severance package in exchange for a release of liability being signed. The release form did not specifically address

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