Articles

About Articles The following articles are published by the Labour and Employment Law Section of the Ontario Bar Association. Members are encouraged to submit articles. About Articles

Editor: Madeleine Werker

Today
Today
Inna Koldorf, Miller Thomson LLP

Ontario Court Upholds Just Cause Termination Provision

  • October 28, 2021
  • Inna Koldorf, Miller Thomson LLP

In a recent decision, the Ontario Superior Court rejected a Plaintiff’s argument that the entire termination scheme in an employment agreement was unenforceable because the agreement contained a “just cause” provision. Relying on contract law principles, the Court distinguished Waksdale v. Swegon North America Inc. and reminded employment lawyers that every case should be considered on its own facts.

Labour and Employment Law, Student Forum
Ontario Divisional Court Allows Employee to Sue for Constructive Dismissal in Morningstar

Ontario Divisional Court Allows Employee to Sue for Constructive Dismissal in Morningstar

  • October 03, 2021
  • Kyle Lambert and Shahnaz Dhanani, McMillan LLP

In Morningstar v WSIAT, the Ontario Divisional Court partially quashed a WSIAT decision and held that constructive dismissal claims for chronic mental stress arising from workplace harassment are not statute-barred by the WSIA unless they are improper attempts to skirt the limitations of that Act. This article summarizes this recent decision and discusses the implications it may have for employers and employees in regards to these types of claims.

Labour and Employment Law, Student Forum
Mediating Just Cause Cases

Mediating Just Cause Cases

  • September 15, 2021
  • Stuart Rudner, Rudner Law

In this article, mediator and employment lawyer Stuart Rudner provides advice for how counsel should approach allegations of just cause at mediation.

Labour and Employment Law, Student Forum
Andrew Monkhouse and Lexa Cutler, Monkhouse Law

Class Actions in Employment Law - Current Developments and Upcoming Issues

  • July 15, 2021
  • Andrew Monkhouse and Lexa Cutler, Monkhouse Law

Class actions in the realm of employment law are a relatively new but growing field. They are an ideal way for workers to have access to justice. Not only do they allow employees to maintain anonymity and prevent reprisals from their employer, but they also allow recovery of small amounts for employees, for claims that would not be financially viable for individuals to bring on their own. This article explores a few changes and trends being seen in employment law class actions.

Labour and Employment Law, Student Forum
Paul Schwartzman and Benjamin Zolf, Brauti Thorning LLP

Is Placing an Employee on the Infectious Disease Emergency Leave a Constructive Dismissal? The debate continues…

  • July 13, 2021
  • Paul Schwartzman and Benjamin Zolf, Brauti Thorning LLP

At the commencement of the pandemic the Government of Ontario passed a new Regulation which introduced an unpaid leave of absence known as the Infectious Disease Emergency Leave. Recently two Ontario courts have given diametrically opposite conclusions on whether an employee who is placed on the Infectious Disease Emergency Leave can have a successful claim for constructive dismissal. This Article analyses these conflicting judgments and suggests a path forward.

Labour and Employment Law, Student Forum
The Use of Technology in Mediation

The Use of Technology in Mediation

  • June 13, 2021
  • Stuart Rudner, Rudner Law

The old saying is that the best way to achieve peace is to prepare for war. Similarly, the best way to achieve a good settlement is to prepare for trial. You can use technology to put your case forward as strongly as possible, and help your mediator help you to get the best deal.

Labour and Employment Law, Student Forum

Paid Sick Leave in Ontario for Reasons Related to COVID-19

  • June 05, 2021
  • Andrew Shaw, Ajanthana Anandarajah and Alessandra Fusco

The Ontario government passed Bill 284, COVID-19 Putting Workers First Act, amending the Employment Standards Act to require employers to provide employees with up to three days of paid leave if they miss work for reasons related to COVID-19. All employers should review the amendments to the ESA and review existing policies and practices to address the availability of this paid leave.

Labour and Employment Law, Student Forum
Carissa N. Tanzola and Stephanie Nicholson,

When Unfettered Compliance is a Detriment: Appealing Orders under the Occupational Health and Safety Act

  • May 06, 2021
  • Carissa N. Tanzola and Stephanie Nicholson, Filion Wakely Thorup Angeletti LLP

Over the course of the COVID-19 pandemic the Ministry of Labour has hired more than 100 new Inspectors to investigate workplace health and safety matters and issue orders to address their concerns. This article discusses an employer’s right to appeal an Inspector’s orders and how a failure to appeal affects a subsequent prosecution.

Labour and Employment Law, Student Forum

OBA Joins Global Efforts to Address Mediator and Arbitrator Diversity – Share Your Views Via Online Survey

  • April 15, 2021

The Ontario Bar Association’s Neutral Diversity Committee has crafted a survey to collect information about OBA member experiences and views in relation to mediator and arbitrator diversity. OBA members engaged in litigation, mediation and arbitration are invited to share their views.

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