Articles 2019

Today
Today
Workplace Investigations and the Intricacies of Communication

Workplace Investigations and the Intricacies of Communication

  • May 25, 2015
  • Carly Dunster

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.

Labour and Employment Law
Court Confirms that Individuals May Claim Damages for Alleged Breaches of their Personal Privacy

Court Confirms that Individuals May Claim Damages for Alleged Breaches of their Personal Privacy

  • May 25, 2015
  • Andrew Reynolds

In the recent decision McIntosh vs. Legal Aid Ontario, the Ontario Superior Court confirmed that “it is now beyond question that Ontario law does recognize the right to bring a civil action for damages for the invasion of personal privacy.” The Court commented that it was necessary for individuals to have access to a remedy for violations of their privacy because of “the technological changes that have occurred over such a short period of time and in such a pervasive manner."

Labour and Employment Law
Congratulations to Connie Reeve!

Congratulations to Connie Reeve!

  • April 22, 2015

We are pleased to announce that Connie Reeve is the 2015 recipient of the OBA Randall Echlin Mentorship Award.

Labour and Employment Law
When a Punch is Not Enough for Just Cause Dismissal

When a Punch is Not Enough for Just Cause Dismissal

  • April 22, 2015
  • Parisa Nikfarjam

A recent decision from the Ontario Superior Court of Justice proves how challenging just cause dismissals can be for employers. In this case, the Court found that an employee who punched a co-worker in the nose did not deserve the “capital punishment” in employment law – dismissal for cause.

Labour and Employment Law
Accommodation Obligations under the AODA

Accommodation Obligations under the AODA

  • April 22, 2015
  • Leanne N. Fisher

New standards are coming requiring employers to have in place basic obligations and rights in the accommodation process.

Labour and Employment Law
“Stay Home… But We’ll Pay You”: Do Employers Have a Duty to Provide Work?

“Stay Home… But We’ll Pay You”: Do Employers Have a Duty to Provide Work?

  • March 26, 2015
  • Daniel Chodos

Is “work” distinguishable from “employment”? The SCC recently answered in the affirmative – at least for one executive director. Stressing the duty of good faith and fair dealing, the Court held that a suspension with pay amounted to a constructive dismissal –sending shivers through every employer who levies an administrative suspension.

Labour and Employment Law
Government of Ontario Unveils Workplace Harassment and Workplace Violence Action Plan

Government of Ontario Unveils Workplace Harassment and Workplace Violence Action Plan

  • March 26, 2015
  • Bethan Dinning

Premier Wynne's action plan to combat sexual violence and harassment entitled It’s Never Okay: An Action Plan to Stop Sexual Violence and Harassment was released this month. Employers should be ready to review their workplace harassment policies and procedures in light of any new legislation proposed and take advantage of any new guidance provided by the Province.

Labour and Employment Law
Harassment Policies and Programs

Harassment Policies and Programs

  • March 23, 2015
  • Sarah Vokey

With Bill 168 came increased obligations on employers to provide a workplace that is free from harassment and violence. In practice, we find that a key tool for employers in effectively dealing with harassment and bullying in the workplace are policies and programs. This article discusses some suggestions for creating useful policies and programs.

Labour and Employment Law