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
Classification of Workplace Relationship – Treading on Thin Ice?

Classification of Workplace Relationship – Treading on Thin Ice?

  • February 12, 2018
  • Shefali Rajaputra

This article discusses the decision of the Ontario Superior Court of Justice in Fisher v. Hirtz, which ruled on the issue of ‘employee versus independent contractors’ and highlighted the common law principles for differentiating employees from independent contractors and dependent contractors.

Labour and Employment Law
WSIB Issues Final Chronic Mental Stress Policy – Change is Coming

WSIB Issues Final Chronic Mental Stress Policy – Change is Coming

  • November 17, 2017
  • Jodi Gallagher Healy

Recent amendments to the Workplace Safety and Insurance Act, 1997 will expand the scope of benefit entitlement for mental stress to include chronic mental stress. The Workplace Safety and Insurance Board has just issued the final version of its operational policy in support of this new entitlement. This expanded entitlement will have significant consequences for employers.

Labour and Employment Law
Mitigation of Damages Following Dismissal: New Instructions from the Court of Appeal

Mitigation of Damages Following Dismissal: New Instructions from the Court of Appeal

  • November 17, 2017
  • Andrew Reynolds

Employees who have been terminated without reasonable notice have a duty to mitigate their damages by searching for and, where possible, accepting alternate employment during the notice period. However, in a recent decision the Ontario Court of Appeal indicated that not all income earned during the notice period will be deducted from a damages award.

Labour and Employment Law
After-Acquired Cause for Dismissal: What Employers Don't Know Might Help Them

After-Acquired Cause for Dismissal: What Employers Don't Know Might Help Them

  • November 17, 2017
  • Nadia Zaman and Stuart Rudner

If an employer dismisses an employee without cause, and then later discovers that they had been stealing from the company for years, can they now allege just cause for dismissal? What if the employee was initially dismissed for just cause; can the employer rely upon after-acquired cause to bolster the grounds relied upon by them to support summary dismissal? This article articulates the principles that allow employers to rely on after-acquired cause as a justification for dismissal.

Labour and Employment Law
A Lesson in Mass Termination – New Decision Affirms Importance of Notifying the Ministry of Labour and Securing Adjustment Services

A Lesson in Mass Termination – New Decision Affirms Importance of Notifying the Ministry of Labour and Securing Adjustment Services

  • November 17, 2017
  • Genevieve Cantin

In the recent decision Wood v. CTS of Canada Co., the Ontario Superior Court provided useful guidance to employers, unions and employees caught up in a mass termination. The Court emphasized the importance of providing proper early notice to the Ministry of Labour and securing adjustment services for affected employees.

Labour and Employment Law
The Impact of Post-Dismissal Employer Conduct

The Impact of Post-Dismissal Employer Conduct

  • October 02, 2017
  • Jon Pinkus

In most cases, an employer’s liability will be based on the circumstances existing at (and at times, leading up to) the date of dismissal. Occasionally, however, an employer’s liability may be exacerbated by poor decision-making after the employee has left the building. Over the past twelve months, the Ontario Superior Court of Justice has released several decisions that provide a useful outline of how this can happen.

Labour and Employment Law
Enforceability of Non-Solicitation Provisions: Guidance from the Superior Court of Justice

Enforceability of Non-Solicitation Provisions: Guidance from the Superior Court of Justice

  • October 02, 2017
  • Shefali Rajaputra

The law concerning restrictive covenants in Canada has been a subject of substantial judicial scrutiny as whether or not a court would consider such covenants to be enforceable will depend on the facts of each case. When drafting restrictive covenants for inclusion in an employment contract, employers should consider various guidelines/limitations provided by the courts over time such as reasonableness, territorial and time limitations etc.

Labour and Employment Law
Technology and Your Labour & Employment Practice

Technology and Your Labour & Employment Practice

  • September 28, 2017
  • Njeri Damali Campbell

Njeri Damali Campbell, Technology Liaison for the Labour and Employment Section of the OBA speaks with Gregory Ko of Kastner Law about the use of technology in his labour and employment practice.

Dismissal Not a "Free Pass" to Retrain During Notice Period

Dismissal Not a "Free Pass" to Retrain During Notice Period

  • September 27, 2017
  • David Foster

An employee’s mitigation efforts remain one of the most contested, and unpredictable, issues in wrongful dismissal matters. In a helpful decision from the Ontario Superior Court, the concept of when retraining is appropriate was considered.

Labour and Employment Law
Resignation or Termination? New Guidance on Navigating Constructive Dismissals

Resignation or Termination? New Guidance on Navigating Constructive Dismissals

  • September 27, 2017
  • Matthew Lerner

The line between resignation and constructive dismissal has become increasingly blurred and is a common issue of contention in employment litigation. In the recent case of Persaud v Telus Corporation, the Ontario Court of Appeal provides useful guidance regarding the effect of conduct in determining whether a resignation is actually a constructive dismissal.

Labour and Employment Law