Articles 2022

Aujourdʼhui
Aujourdʼhui
Managing Discipline and Disability: A New Approach for Ontario?

Managing Discipline and Disability: A New Approach for Ontario?

  • 08 février 2017
  • Heather Power

A recent arbitral decision has endorsed an alternative framework for arbitrators considering misconduct that is connected to a disability. Previously, the consensus in Ontario was that arbitrators ought to simultaneously apply a disciplinary or just cause analysis to the culpable aspects of the misconduct and a human rights analysis to the non-culpable aspect. This single stage inquiry has now been supplanted in favour of a two-stage analysis.

Droit du travail et de l’emploi
Forging the Way to Just Cause

Forging the Way to Just Cause

  • 06 février 2017
  • Deborah Hudson

The courts view just cause for dismissal as the capital punishment of employment law. Consequently, employers face a significant burden when trying to prove just cause at law. Arguing just cause for dismissal may be difficult; however, it is not impossible, especially in circumstances involving dishonesty or lack of trust. This article summarizes two recent decisions where employers were found to be justified in terminating employees with just cause based on forgery.

Droit du travail et de l’emploi
Summary Judgment Motions for Wrongful Dismissal: An Update

Summary Judgment Motions for Wrongful Dismissal: An Update

  • 06 février 2017
  • Andrew Vey

Since the Supreme Court’s ruling in Hryniak v. Mauldin, 2014 SCC 7 (“Hryniak”), summary judgment has become one of the primary tools used by employment lawyers. Recent Ontario court decisions have expanded upon Hryniak and now provide a framework for the circumstances in which to seek summary judgment in the context of a wrongful dismissal. These decisions, however, also serve as a reminder of the limitation of summary judgment and how parties should properly engage with it.

Droit du travail et de l’emploi
Decriminalization of Marijuana Creating a Buzz for Employers

Decriminalization of Marijuana Creating a Buzz for Employers

  • 20 décembre 2016
  • Lisa Bolton and Andrew Ebejer

With the Federal Government's plan to remove marijuana consumption and incidental possession from the Criminal Code employers must consider how to manage the use of marijuana in the workplace.

Droit du travail et de l’emploi
LTIP Plans All Askew?

LTIP Plans All Askew?

  • 09 mai 2016
  • Adrian Ishak

Common law duty of good faith (aka Bhasin) wreaking havoc on interpretation of terms in employment contracts.

Droit du travail et de l’emploi
Emerging Privacy Torts May Target More Than Just Snooping Employees

Emerging Privacy Torts May Target More Than Just Snooping Employees

  • 14 avril 2016
  • Rhonda Shirreff

Since the Ontario Court of Appeal recognized the tort of “intrusion upon seclusion” in the landmark decision Jones v. Tsige, a spotlight has been turned on the issue of unauthorized employee snooping into clients’ personal records for purposes of their own. Further, with the recent recognition of novel privacy torts by both the Federal Court of Canada and the Ontario Superior Court of Justice, employers could face new risks when employees decide to push private matters into public view.

Droit du travail et de l’emploi