February 27, 2017 by Catherine Coulter in Employment Standards, English, Ontario
  • Comments Off on Is This The Definitive Word on Termination Provisions/Consideration?

Is This The Definitive Word on Termination Provisions/Consideration?

A series of Ontario cases dating back to 2012 has put into issue the question of what does, or doesn’t, make a termination provision enforceable.  After a number of recent employer-friendly decisions, the Ontario Court of Appeal has weighed in with a decision that contains some good news, and some

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August 19, 2016 by Catherine Coulter in Pensions and Benefits
  • Comments Off on Double Check those Bonus Plans!

Double Check those Bonus Plans!

The Ontario Court of Appeal’s decision in the case of Paquette v. TeraGo Networks Inc. should have all employers running to double-check and possibly amend their bonus plans.  A further case released on the same day by the same panel of judges further confirmed the law set out in the

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June 15, 2016 by Catherine Coulter in English, Human Rights, Ontario
  • Comments Off on The Final Word? The Ontario Court of Appeal upholds an astounding 10 years of back pay and employee reinstatement

The Final Word? The Ontario Court of Appeal upholds an astounding 10 years of back pay and employee reinstatement

Readers of this blog may recall reading in 2014 about the Ontario Divisional Court upholding the Ontario Human Rights Tribunal’s order for 10 years of back pay and employee reinstatement.  The decision was reached in the case of Hamilton-Wentworth District School Board v. Fair and can be read about in

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May 06, 2016 by Catherine Coulter in Employment Standards, English, Ontario
  • Comments Off on The Duty to Provide Reasonable Notice of Termination Cuts Both Ways

The Duty to Provide Reasonable Notice of Termination Cuts Both Ways

It is a relatively little-known fact to non-lawyers that just as employers are required to provide employees with reasonable notice of termination, employees are likewise required to provide employers with reasonable notice of resignation.  A 2016 Ontario Superior Court of Justice case has recently confirmed same.

In the case of Gagnon

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April 08, 2016 by Catherine Coulter in English, Human Rights, Ontario
  • Comments Off on Miscarriage is a Disability

Miscarriage is a Disability

In a recent interim decision of the Ontario Human Rights Tribunal, adjudicator Jennifer Scott found that miscarriage could constitute a “disability”.  The door was also left open for employees terminated due to miscarriage to claim discrimination ...

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February 05, 2016 by Catherine Coulter in Wrongful Dismissal
  • Comments Off on The Final Word on Dependent Contractors

The Final Word on Dependent Contractors

I wrote last year about the Ontario Superior Court of Justice’s decision in the case of Keenan v. Canac Kitchens (a link to same can be found here:  http://www.employmentandlabour.com/?s=Canac).   Last week the Ontario Court of Appeal upheld the S...

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January 20, 2016 by Catherine Coulter in Employment Standards, Human Rights, pay equity
  • Comments Off on Terminating for Financial Reasons? Don’t Expect the Courts to Help You Out

Terminating for Financial Reasons? Don’t Expect the Courts to Help You Out

Employers who undertake reductions in force due to financial difficulties should not count on employee notice periods being reduced as a result of the financial troubles.  This point was recently emphasized by the Ontario Court of Appeal in the decisi...

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September 24, 2015 by Catherine Coulter in Employment Standards
  • Comments Off on Medical Marijuana in the Workplace

Medical Marijuana in the Workplace

With the recent expansion of legislation permitting the production, sale and use of marijuana for medical purposes, employers should begin to think about crafting a policy which addresses medical marijuana use in their workplace. For example, the smoki...

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July 30, 2015 by Catherine Coulter in Employment Standards, English, Ontario
  • Comments Off on What If Your Independent Contractor Is Really a Dependent Contractor?

What If Your Independent Contractor Is Really a Dependent Contractor?

Many employers hire independent contractors to assist in their workplace and in most cases, the assumption is that doing so will result in minimal or no notice of termination having to be paid at the end of the relationship.  A recent case has confirm...

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June 17, 2015 by Catherine Coulter in Employment Standards, English, Ontario
  • Comments Off on Ontario’s Changing Workplaces Review

Ontario’s Changing Workplaces Review

In May, Ontario’s Ministry of Labour commenced what is being called the “Changing Workplaces Review”.  The review is intended to take a close look at the Employment Standards Act, 2000 (“ESA”) and the Labour Relations Act, 1995 (“LRA”), ...

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