Articles

In this recent Ontario Small Claims Court decision on constructive dismissal and damages, the Court found sufficient facts to make an award of punitive damages.

A recent decision from the Ontario Superior Court of Justice proves how challenging just cause dismissals can be for employers. In this case, the Court found that an employee who punched a co-worker in the nose did not deserve the “capital punishment” in employment law – dismissal for cause.

Is “work” distinguishable from “employment”? The SCC recently answered in the affirmative – at least for one executive director. Stressing the duty of good faith and fair dealing, the Court held that a suspension with pay amounted to a constructive dismissal –sending shivers through every employer who levies an administrative suspension.

Premier Wynne's action plan to combat sexual violence and harassment entitled It’s Never Okay: An Action Plan to Stop Sexual Violence and Harassment was released this month. Employers should be ready to review their workplace harassment policies and procedures in light of any new legislation proposed and take advantage of any new guidance provided by the Province.

With Bill 168 came increased obligations on employers to provide a workplace that is free from harassment and violence. In practice, we find that a key tool for employers in effectively dealing with harassment and bullying in the workplace are policies and programs. This article discusses some suggestions for creating useful policies and programs.

The Supreme Court of Canada has just ruled on constructive dismissal, good faith dealings and administrative suspensions. The case is an important review of the law surrounding the expectations for employers in managing employees and processes to be followed in taking unilateral action including through the implementation of an administrative suspension.

In the recent of Wilson v. Atomic Energy of Canada Limited, the Federal Court of Appeal ruled that the Canada Labour Code permits without cause terminations. In other words, without cause terminations are not automatically unjust dismissals under the Code. An adjudicator must examine the circumstances of the particular case to see whether the dismissal is “unjust.”

On January 16, 2015, the Supreme Court of Canada issued a landmark decision in which the Court ruled that Mounties have the right to engage in meaningful collective bargaining with their employer.

In the last ten years social media has exploded into popular culture and has entered almost every aspect of daily life. The question of how this relates to workplace law remains open.

Concern about the impartiality of expert evidence seized the spotlight when a trial decision issued last year in Moore v. Getahun criticized legal counsel for getting too involved in the preparation of an expert’s written report. The decision sent shockwaves through the legal community and among those who provide expert testimony. Fortunately, the Court of Appeal for Ontario has restored relative calm in a recent decision.