Articles 2021

In Morningstar v WSIAT, the Ontario Divisional Court partially quashed a WSIAT decision and held that constructive dismissal claims for chronic mental stress arising from workplace harassment are not statute-barred by the WSIA unless they are improper attempts to skirt the limitations of that Act. This article summarizes this recent decision and discusses the implications it may have for employers and employees in regards to these types of claims.

In this article, mediator and employment lawyer Stuart Rudner provides advice for how counsel should approach allegations of just cause at mediation.

This article addresses the recent jurisprudence from the Human Rights Tribunal of Ontario regarding mandatory masking rules.

Class actions in the realm of employment law are a relatively new but growing field. They are an ideal way for workers to have access to justice. Not only do they allow employees to maintain anonymity and prevent reprisals from their employer, but they also allow recovery of small amounts for employees, for claims that would not be financially viable for individuals to bring on their own. This article explores a few changes and trends being seen in employment law class actions.

At the commencement of the pandemic the Government of Ontario passed a new Regulation which introduced an unpaid leave of absence known as the Infectious Disease Emergency Leave. Recently two Ontario courts have given diametrically opposite conclusions on whether an employee who is placed on the Infectious Disease Emergency Leave can have a successful claim for constructive dismissal. This Article analyses these conflicting judgments and suggests a path forward.

The old saying is that the best way to achieve peace is to prepare for war. Similarly, the best way to achieve a good settlement is to prepare for trial. You can use technology to put your case forward as strongly as possible, and help your mediator help you to get the best deal.

Over the course of the COVID-19 pandemic the Ministry of Labour has hired more than 100 new Inspectors to investigate workplace health and safety matters and issue orders to address their concerns. This article discusses an employer’s right to appeal an Inspector’s orders and how a failure to appeal affects a subsequent prosecution.

Workplace restoration is a response to workplace conflict that considers the context surrounding conflict, and what is needed to create a healthy and harmonious workplace. In this article, we describe workplace restoration, situate it within the applicable regulatory regime, and offer our views on when it should be considered by employers and their counsel.