Workplace Policies can Diminish an Employee’s Expectation of Privacy in Personal Information on Work Computers December 04, 2012 Kate Dearden In R. v. Cole, the SCC extended the principle that Canadians may reasonably expect privacy in the information contained on their personal computers to work computers, if personal use is permitted or reasonably expected.
Decision-Makers Punish Employers for Egregious Conduct December 04, 2012 Lisa Cabel, James Fu Awards of punitive damages in Canadian employment law cases are not very common.
Social Media and Workplace Discipline: Bringing employee free speech and reasonable expectations of privacy into the analysis June 11, 2012 Denis Ellickson, Meg Atkinson With the proliferation of social networking sites, the extent to which people are connected is growing to unprecedented, and often unexpected, levels.
Ontario Court of Appeal Affirms Reasonable Notice is a Two-Way Street Awarding $20 Million in Damages Against Four Departing Fiduciaries June 11, 2012 Carol Chan Ontario’s highest court recently upheld an award for nearly $20 million in damages against four key employees who quit their employment with only two weeks’ notice.
Figliola and Fairness - The Jurisdiction of the OHRT June 11, 2012 William M. LeMay In 2008, the Human Rights Code was amended to provide the Human Rights Tribunal of Ontario the discretion to dismiss an application which had been “appropriately” dealt with in another proceeding.
Restricting Restrictive Covenants…Again June 11, 2012 David Rosenfeld In May 2011, the Court of Appeal overturned a decision which upheld a 1 year global restrictive covenant in Mason v Chem-Trend Limited Partnership. In this decision the Court of Appeal again expressed its reluctance to enforce an agreement restricting a person’s ability to make a living.
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.