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About ArticlesLes articles ci-dessous sont publiés par la Section du droit du travail et de l'emploi de l'Association du Barreau de l'Ontario. Les membres sont invités à soumettre des articles.  A propos des articles.

Rédacteur : Andrew Reynolds

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Aujourdʼhui
Severance Paying Employers: Ontario court clarifies threshold

Severance Paying Employers: Ontario court clarifies threshold

  • 26 juin 2014
  • Michael Stitz

According to the recent decision of the Ontario Superior Court of Justice in Paquette c. Quadraspec Inc., an Ontario employer’s payroll outside of the province is now to be accounted for when determining if they are obligated to pay statutory severance pursuant to Section 64 of Ontario’s Employment Standards Act. To date, the prevailing view of the Court has been that only a company’s Ontario payroll would be accounted for in determining if the statutory payroll threshold had been met.

Droit du travail et de l’emploi

Butting Out Smokers from the Workplace

  • 26 juin 2014
  • Danielle T. Gauer

Many cities across North America have severely limited the rights of smokers, and this practice has now even carried over into hiring principles of employers in many American States. Although the medical community recognizes that smoking is in fact an addiction similar to alcohol and drug dependencies, which have both been found to be disabilities within the meaning of the Ontario Human Rights Code, the case law is divided on the legal issue of addiction to nicotine.

Droit du travail et de l’emploi
Supreme Court Rules that an Equity Partner is Not an Employee

Supreme Court Rules that an Equity Partner is Not an Employee

  • 17 juin 2014
  • Justin Tetreault

In McCormick v. Fasken Martineau DuMoulin LLP, the SCC examined whether an equity partner at a large law firm qualified as an employee for the purposes of the British Columbia Human Rights Code. While the SCC found that John McCormick was not an employee on the individual facts of this case, importantly, the Court left the door open for other partners, who exercised less control and were more dependent on the firm to be classified as employees in the future.

Droit du travail et de l’emploi
Workplace Accommodation for Childcare Obligations Upheld by the Federal Court of Appeal

Workplace Accommodation for Childcare Obligations Upheld by the Federal Court of Appeal

  • 17 juin 2014
  • Christine N. Westlake

The recent unanimous decision of the Federal Court of Appeal in Attorney General of Canada v. Johnstone, makes it clear that family status within the Canadian Human Rights Act, includes parental childcare obligations, which requires accommodation by employers. This decision serves to illustrate the need for flexible and inclusive work environments for employees with restrictive childcare obligations.

Droit du travail et de l’emploi