COVID-19: Updates on Work Agreements, Safety & Constructive Dismissal Claims
The COVID-19 pandemic, among other things, has been a huge experiment in the efficiency and effectiveness of telecommuting. Currently, more than 3x as many Canadians are working from home (at […]
Favorite
Impact Of COVID-19 On The Reasonable Notice Period
In every non-unionized employment relationship, the employer has an implied common law obligation to give the employee reasonable notice of its intention to terminate the employment relationship, unless there is […]
Favorite
Employee Probation in Court
In its recent Dalton vs. Fraser Valley Fire Protection Ltd., 2021 BCPC 146 decision, the BC Provincial Court awarded three months’ reasonable notice to an employee who was dismissed from […]
Favorite
Creating Effective Employment Contracts that Protect your Company’s Resources and Future Business Prospects
Date: September 29, 2021 Time: 9:00 AM - 10:30 AM PDT Speaker: Lisa Goodfellow Register Here to register for this webinar. Use discount code "HRIVIP21" to attend for free. “Find out how a good contract […]
Favorite
Opportunity Knocks: Court Awards Damages for Loss of Opportunity in Wrongful Dismissal
Wrongful dismissal claims generally attract three types of damages: compensation in lieu of notice, general damages (including aggravated and punitive damages); and special damages (which can include items such as […]
Favorite
Ontario Court Shocker Opens Door to Harassment-Based Constructive Dismissal Claims
Workers comp doesn’t bar constructive dismissal for harassment, court says. Workers comp bars lawsuits against employers for work-related injuries; in exchange, workers get automatic coverage of work injuries regardless of who’s […]
Favorite
Court Quashes WSIAT Stress Decision and Allows Constructive Dismissal Case to Proceed
Historically, workers’ compensation law placed a highly restrictive definition on traumatic mental stress injuries, which meant as a practical matter very few stress claims would ever be allowed. However, successful […]
Favorite
Can Temporary Layoffs Due To COVID-19 Be Considered Constructive Dismissal?
During the COVID-19 pandemic, all Canadian provinces and territories declared a state of emergency and implemented strict measures to help curb the spread of the virus. Consequently, many businesses were […]
Favorite
Does A COVID Leave Trigger Constructive Dismissal? Third Case Further Muddies The Waters
A couple of weeks ago, we wrote on the decision in Taylor v Hanley Hospitality Inc. ("Taylor"), in which a judge in the Superior Court found that Ontario's Infectious Disease Emergency Leave ("IDEL") did not trigger […]
Favorite
Constructive Dismissal In The COVID-19 Era
On June 7, 2021 the Ontario Superior Court of Justice released its second decision in a matter of months interpreting Ontario Regulation 228/20: Infectious Disease Emergency Leave ("IDEL Regulation")1 as it […]
Favorite
Constructive Dismissal Scorecard
Lawsuits mushroom as employees are called back to work from COVID layoffs. Many companies are calling employees back to work; but in many cases, the new terms of employment are less […]
Favorite
Do Wrongfully Dismissed Employees Get Less Damages because They Got CERB Benefits?
It may depend on how much money employees lose as a result of being terminated. Employees who get constructively or wrongfully dismissed are entitled to termination notice and other payments. In […]
Favorite
Compliance Alert: Can Employees You Put on Infectious Disease Emergency Leave Sue for Constructive Dismissal?
As in the rest of the country, COVID-19 financial challenges have forced many employers in Ontario to put employees on unpaid Infectious Disease Emergency Leave (IDEL). The good news is […]
Favorite
Employer Do’s & Don’ts When Holding Termination Meetings
Last year, we published a blog about things an employer should do before they terminate the employment of an employee. In recent years, employers are facing increasing claims for aggravated damages arising out […]
Favorite
The Only Good News Here Is For Lawyers – COVID Leave Triggers Constructive Dismissal
The Ontario Superior Court has ruled that an employer that implemented a layoff during the pandemic, which was "deemed" by the Ontario, Employment Standards Act, 2000 (the "ESA") to be a statutorily protected infectious […]
Favorite
Can Employees on Temporary Layoff Sue for Constructive Dismissal? – Quiz
Ontario court OKs constructive dismissal lawsuit of employee on Infectious Disease Emergency Leave (IDEL). Temporary layoff provisions in employment standards laws are designed to save jobs by enabling employers to cut […]
Favorite
Infectious Disease Emergency Leave And Wrongful Dismissal
Ontario employees on temporary layoff (or on reduced hours) due to COVID-19 are currently deemed to be on Infectious Disease Emergency Leave (“IDEL”) under the Employment Standards Act (the “ESA”), but may nonetheless […]
Favorite
Employment Law Fundamentals: Employment Terminations in a Non-Union Workplace
Date: June 16, 2021 Time: 9am – 10:30am PDT Speaker: Anthony Panacci Register Here with discount code "HRIVIP21" to attend for free About the Webinar You’ve made the difficult decision to terminate an employee’s employment. What’s […]
Favorite
Terminating “Just Cuz” Or For Just Cause? Recent Decisions Maintain A High Threshold For Just Cause Terminations
Courts are increasingly reluctant to find that employers have just cause to terminate their employees: Underhill v Shell Canada Limited, 2020 ABQB 341; Mack v Universal Dental Laboratories Ltd, 2020 ABQB 738; Baker […]
Favorite
How to Create a Legally Sound Employee Lateness and Punctuality Policy
Ensure employees come to work on time and that you can discipline them for being late. Being late for work is a practice as old as work itself. But as long […]
Favorite
Documentation of Verbal Warning for Lateness
Keep records of progressive discipline for tardiness. Showing up late for work without excuse or justification is normally grounds for progressive discipline, typically starting with a verbal warning and escalating to […]
Favorite
Employee Lateness & Punctuality Policy
Ensuring employees come to work on time and being able to hold them accountable if they don't. Tardiness costs Canadian businesses about $3,600 per employee per year in lost productivity and […]
Favorite
5 Ways to Get Socked with Wallace Damages for Bad Faith Termination
Liability-wise, how you terminate may be just as important as why you terminate Sometimes, termination isn’t just wrongful but downright mean. When terminations fall into the latter category, employers are subject […]
Favorite
Termination Appropriate For Employee Who Ignored Self-Isolation Rule
In the recent decision of LIUNA, Ontario Provincial District Council and Aecon Industrial (Wynne), Re, 2020 CarswellOnt 17235, an Ontario arbitrator upheld the termination of a grievor who attended the employer's workplace […]
Favorite
Impact Of COVID-19 On The Duty To Mitigate: Early Indications In BC Supreme Court Decision
Following termination of employment, employees who are seeking damages for wrongful dismissal have a duty to mitigate their losses by taking reasonable steps to find comparable work. Employers considering issues […]
Favorite
A Tale Of Two Documents
Employers and HR professionals have become increasingly aware to the requirement to document misconduct and build the case for termination of employment. Sometimes, we do not intend to go that […]
Favorite
13 Constructive Dismissal Pitfalls to Avoid
Managing the liability risks of downsizing and corporate restructuring. As an employer, you must be able to make tough decisions about pay, benefits, job responsibilities and other key terms of employment, […]
Favorite
Recent Ontario Employment-related Decisions Heavily Favour Employees
A number of recent cases decided by the Ontario Superior Court of Justice and the Ontario Court of Appeal are changing the likely outcomes of wrongful dismissal litigation in Canada […]
Favorite
Constructive Dismissal Quiz
QUESTION What are the two steps employees must take if they feel that they are being constructively dismissed by an employer? ANSWER Object to the substantial changes in their employment within […]
Favorite
Temporary Layoffs and Constructive Dismissal Liability Risks
On one hand, it is clear that temporary layoffs are, in many cases, a constructive dismissal that exposes the employer to potential liability. On the other hand, many people have […]
Favorite