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Author Archive - Vey Willetts LLP

Vey Willetts LLP is an Ottawa-based workplace law firm, serving individuals and employers across Eastern Ontario. They recognize that operating a business is complex and maintaining an efficient and legally-compliant workplace is a continuous challenge. The firm helps simplify legal workplace obligations so that employers can focus on what matters: their business. Learn more about Vey Willetts LLP by contacting Andrew Vey, or Paul Willetts or by visiting the firm’s website. Read more.

Labour arbitrator grants interim protection for complainant of workplace sexual harassment

Since the onset of the #metoo movement, Canadian society has been paying attention to (and grappling with the consequences of) sexual harassment to a previously unprecedented degree. This increased focused is long overdue.

 

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Top five things to consider when dismissing an employee

The decision to terminate an individual’s employment is not an easy one. At times, however, whether due to economic pressures, or poor performance, it may nevertheless be necessary.

 

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Tips on the right way to hire employees in Ontario

Hiring a new worker can be exciting. Presumably, by the time you make the job offer, something about the candidate has impressed you and suggested this person is the one for the job.

 

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Arbitrator reinstates locomotive engineer fired for drinking whiskey on the job

The fact that the Arbitrator in this case ordered reinstatement is an important reminder that employers must, at all times, ensure that they satisfy their procedural and substantive obligation to reasonably accommodate a disability, even where discipline may seem appropriate.

 

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Ontario superior court confirms that frustration of contract is a two-way street

The legal doctrine of frustration of contract is well known to employment lawyers but its application is not all that intuitive to the average employer or employee.

 

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Termination clause update: New developments concerning benefit continuation and just cause language

We are not long into 2019 and yet one thing already seems clear – the law concerning employment contract termination clauses will continue to be the focus of a great deal of litigation in Ontario. In just the past few months alone, new decisions from the Superior Court have helped to advance the law and provide further guidance to employers on proper drafting of termination clauses.

 

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Off-Key? The Boston Symphony and gender-based equality in pay

The size of an employee’s salary is often seen as an indicator of importance within an organization. Thus, when women are paid less than their male counterparts for performing similar work, it suggests that their efforts are somehow of lesser value.

 

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Wrongful dismissal in Ontario: how do we calculate the value of lost benefits?

When an employee is fired and not given sufficient notice, a common point of dispute becomes how to properly calculate the lost value of non-monetary benefits.

 

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Hold the applause: Clapping banned to reduce individual anxiety

A request for accommodation of alleged employee anxiety triggered by clapping should be treated in the same way as any other disability-related request for accommodation, that is, the employer must establish that there is in fact a disability triggering a duty to accommodate, and engage in a meaningful way to provide reasonable accommodation of the disability in question up to the point of undue hardship.

 

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Just cause for dismissal: context is key

Determining what conduct amounts to just cause for dismissal is no easy task. In part this is due to just cause being inherently situation specific. When describing what may constitute just cause, employment lawyers often refer to extreme examples: think of situations where a public-facing employee makes repeated racial slurs to a customer or commits […]

 

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Paying the price: Ontario court reminds employers to carefully consider their approach to litigation

It is important for businesses to carefully consider their response to an employee’s wrongful dismissal claim.

 

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HRTO creates new rule for employers regarding citizenship-based recruitment criteria

It is both advisable and appropriate to confirm that an employee is legally eligible to work in Canada at the time of hire. But the inquiry should stop there.

 

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Putting on the brakes: Ontario courts are limiting the scope post-dismissal mitigatory earnings

Employers must be aware that it is now an increasingly risky strategy to fight a wrongful dismissal case on the hopes of saving money via employee mitigation of loss.

 

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Sober, safe and productive workplaces: Managing the legalization of recreational marijuana

The pending legalization of recreational marijuana has raised concerns for employers as to how legalization may impact their workplaces and what steps may be taken to protect staff, ensure safety and avoid loss of productivity.

 

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Requirements for conducting a workplace harassment investigation: lessons from the Green Party

Any allegation of harassment in the workplace needs to be taken seriously. Not the least of which, employers should be mindful of the statutory duty to conduct a related investigation.

 

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