Articles 2019

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Today
Workplace Harassment Complaints Found to Engage Anti-Reprisal Provisions Under OHSA

Workplace Harassment Complaints Found to Engage Anti-Reprisal Provisions Under OHSA

  • March 11, 2014
  • Carla Nassar

In a recent decision, the Ontario Labour Relations Board appears to have changed its previous approach to allegations that a worker has been terminated for making a complaint of workplace harassment. While the Board had previously found that it likely did not have the authority to deal with such complaints, the Board now appears to accept that this type of allegation engages the anti-reprisal provisions of the Occupational Health and Safety Act.

Labour and Employment Law

Supreme Court of Canada Endorses Broader Availability of Summary Judgment: Impact on Wrongful Dismissal Litigation

  • March 11, 2014
  • Lisa Talbot, Tom Stevenson and Sarah Walker

The Supreme Court of Canada has expanded the ability of Ontario litigants to obtain a final judgment without the need for a full trial. On January 23, 2014, the Court released its’ decisions in Hryniak v. Mauldin and Bruno Appliance and Furniture Inc. v. Hyrniak, unanimously endorsing an expanded use of summary judgment under Rule 20 of Ontario’s Rules of Civil Procedure.

Labour and Employment Law

Bill 146: Stronger Workplaces for a Stronger Economy Act, 2013

  • March 11, 2014
  • Madeleine Loewenberg and Naomi Shawn

The Stronger Workplaces for a Stronger Economy Act, 2013 (Bill 146) was introduced in Parliament on December 4, 2013. If enacted, Bill 146 will have significant implications for Ontario employers as a direct result of amendments that it will make to Ontario employment legislation.

Labour and Employment Law
SCC Holds Pension Benefits Not Deductible from Wrongful Dismissal Damages

SCC Holds Pension Benefits Not Deductible from Wrongful Dismissal Damages

  • March 11, 2014
  • Clio Godkewitsch

The Supreme Court of Canada has affirmed that monthly pension benefits received during a period of reasonable notice are not deductible from damages for wrongful dismissal in Waterman v. IBM. The Court held that the compensation principle should not be strictly applied, and emphasized the underlying nature of pensions, which are not intended to be an indemnity for loss of income on dismissal.

Labour and Employment Law
No More Clarity on Family Status

No More Clarity on Family Status

  • Adrian Ishak

A recent decision of the Human Rights Tribunal of Ontario has created further confusion on the duty to accommodate as it relates to discrimination on the basis of family status.

Labour and Employment Law