How To Mess Up A Dismissal – Just A Few Easy Steps!

Blog Post
March 14, 2017
Read Time: 3 minutes

Can an employer simply sweep sexual harassment complaints under the rug? Can you be fired for making the complaint, or because of your gender? A recent case confirmed that a reasonable, impartial and thorough investigation is necessary when a complaint of sexual harassment in the workplace is made. Also, it reinforced that an employer must act in good faith when terminating an employee.

Do Disabilities Disable Progressive Discipline?

Blog Post
November 9, 2016
Read Time: 5 minutes

How should progressive discipline be doled out when dealing with a disabled employee? At the heart of this issue is the pull between documenting problems with an employee’s performance, meting out consequences for those performance failures or difficulties, and the duty to accommodate employees with disabilities whose disabilities may be causing the performance difficulties.

The Strudwick Decision – When Employers Get What They Deserve

Blog Post
July 27, 2016
Read Time: 4 minutes

The Ontario Court of Appeal recently awarded $246,049.92 against employer of the year candidate, Applied Consumer and Clinical Evaluations Inc. In Strudwick v Applied Consumer and Clinical Evaluations Inc., the court found that the employer calculatedly tried to make a deaf employee’s workplace so intolerable that she would just quit. When she refused to quit, the employer terminated her, alleging cause.

Like Mike: The NHL’s Kings v. Mike Richards Saga Raises Familiar Labour Law Issues

Blog Post
September 2, 2015
Read Time: 4 minutes

During the 2015 off-season, the Los Angeles Kings took steps to terminate Mike Richards’ 12-year, $69 million contract. The union that represents the players, the NHL Players Association (NHLPA), has grieved this decision, and an arbitration is likely in the early fall. Despite involving one of the NHL’s highest paid players, this case highlights labour law issues that are common to many unionized workplaces.

Court Ordered Human Rights Damages: Here to Stay

Blog Post
August 27, 2015
Read Time: 2 minutes

While the Human Rights Code (the ‘Code’) permits courts to award damages for violations of the Code – as opposed to limiting the jurisdiction to do so to the Ontario Human Rights Tribunal – we have yet to see the proliferation of civil decisions ordering such damages that many lawyers anticipated.

2014 Employment Law Year in Review

Blog Post
December 22, 2014
Read Time: 4 minutes

The holiday season is upon us, and it will soon be the New Year. Reflecting back on 2014, it has been an interesting year for employment law in Ontario and across Canada. We have seen many changes to the employment law landscape, including recent legislative changes and court decisions that will have far reaching consequences for employer-employee relationships in Canada going forward. Here are some key developments that everyone should be aware of.

Scary Bosses: A Fall Favourite from our Online Magazine!

Blog Post
November 3, 2014
Read Time: 2 minutes

We enjoy finding interesting material for our Workplace Matters online magazine, and one of our seasonal favourites this fall is a recent Halloween inspired article by Peter Economy of Inc., ’10 Signs of a Really Scary Boss’. The article’s premise is that bad bosses are the number one cause of employees quitting their jobs, and lists 10 types of ‘scary bosses’ that will haunt you in your sleep.

Divisional Court Upholds Reinstatement and $400,000 in Damages in Fair v. Hamilton-Wentworth District School Board

Blog Post
October 23, 2014
Read Time: 3 minutes

In 2012 and 2013, the Human Rights Tribunal made two decisions ordering the reinstatement, along with over $400,000 in back pay and damages, to an employee despite the employee having been away from the workplace for almost a decade in the decision of Fair v. Hamilton-Wentworth District School Board. This decision was remarkable for the rarely awarded reinstatement and the unusually high damage award.

Egg Freezing as an Employee Benefit?

Blog Post
October 16, 2014
Read Time: 3 minutes

Apple recently announced that, like Facebook, it would be offering up to $20,000 for female employees to freeze their eggs, and the announcement has been garnering significant attention from supporters and detractors alike. Many commentators have touted this as a huge boon for equality in the workplace, allowing women to focus on their careers as men can, without the fear that if they put off having babies until they actually want to, they may no longer be able to. Others have voiced concerns that it may be discriminatory for men, or that the availability of this coverage will put pressure on women to put off getting pregnant in order to prove to their employer that they are truly invested in their careers and their companies.