Preventing Violence and Harassment in the Workplace: We’re just getting started… January 29, 2016 Thomas Gorsky A summary of workplace violence and harassment prevention developments and what is in store in 2016.
Damages for Loss of Dignity, Feelings and Self Respect: Developing Trends? January 29, 2016 Allison W. Buchanan Human rights tribunals across the country have recently been awarding substantial sums in damages for loss of dignity, feelings and self respect, but it remains unclear if this is a true indication of a new established trend.
Courts Have Cause to Grant Summary Judgment in Wrongful Dismissal Cases January 29, 2016 Brian Gottheil What kinds of just cause cases are appropriate for summary judgment motions?
Accommodating Religious Beliefs and Practices in the Workplace: How far does an Employer have to go? January 29, 2016 Asha Rampersad Employers are facing a new set of challenges as the workforce continues to become religiously diverse. What constitutes reasonable accommodation of religious beliefs and practices?
What You Need to Know About the 2016 Construction Open Period December 16, 2015 Inna Koldorf On October 21, 2015 close to 50 practitioners from the labour and employment law bar and construction law bar who practice in the area of construction labour relations gathered for the Ontario Bar Association’s program “What You Need to Know About the 2016 Construction Industry Open Period.”
Employment Contracts: New Term? New Consideration! December 16, 2015 David Elmaleh and Divya Khurana This article examines the Ontario Court of Appeal’s recent Judgment in Holland v. Hostopia.com Inc., and focuses on the Court’s analysis of whether an employment contract can be modified by an employer after an employee has already commenced work without fresh consideration for the modification.
Discretionary Bonus or An Integral Part of Compensation? The Court’s surprising conclusion in Fraser v. Canerector Inc. December 16, 2015 Joshua Concessao Courts often distinguish between ex gratia payments and those that are integral components of an employee’s compensation when awarding damages during the period of reasonable notice for bonuses that are otherwise characterized as “discretionary”. While this distinction has had a long pedigree, a recent decision of the Superior Court of Justice in Fraser v. Canerector Inc. presents a formidable challenge to the underlying rationale for the distinction.
Workplace Investigations - How Should Employers and Employees Conduct Themselves? November 22, 2015 Jessica Pliszka A recent decision of the Human Rights Tribunal of Ontario illustrates how parties involved in a workplace investigation should conduct themselves.
Proposed legislation would enhance employers’ duties to prevent, investigate sexual harassment November 22, 2015 Kristen Pennington Proposed legislation would enhance employers’ duties to prevent, investigate sexual harassment Inspectors’ new power to order investigations could prove costly for employers
Changing Up the Process: From Arbitration to Mediation, and Back Again November 22, 2015 Elaine Newman It is important to consider the perspective of the participants in our process when we decide to make a process shift from arbitration to mediation.