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Wal-Mart’s “deplorable” pre and post termination conduct results in a sizeable $750,000.00 moral and punitive damages award

Recently, in Galea v. Wal-Mart (2017 ONSC 245) the Ontario Superior Court released a decision in a wrongful termination matter involving a Wal-Mart Executive Gail Galea (“Galea”) and the “reprehensible” termination conduct of Wal-Mart. In addition to the usual wrongful termination damages such as salary, benefits, bonuses, etc., the Court awarded a whopping $750,000.00 in moral and punitive damages combined.

 

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Limitation periods and statutory severance pay: an update

An interesting decision from the Ontario Superior Court came out last recently concerning when the limitations period begins to run for claims of wrongful dismissal and statutory severance pay. In the case in question, the Court held that the limitation period to claim unpaid statutory severance pay commences as soon as working notice of dismissal is issued to an employee.

 

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Workers now eligible for WSIB benefits for chronic mental stress and workplace harassment

The recent changes to the Workplace Safety and Insurance Act may well be a blessing for employees without other remedy or recourse. At this time, it appears possible that employees who have been subject to chronic workplace stress may be able to apply to the WSIB for some form of benefit. What the WSIB and the WSIAT do with this new entitlement is yet to be seen.

 

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Is the rule of law at risk in Ontario?

Rule of law

Recently I concluded that the rule of law no longer applies in many Ontario workplaces. The epiphany hit me when I was meeting with the Managing Director of a boutique law firm.

 

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Welcome to 2018 with new employment and labour law rules and obligations across Canada

As most of you already know, a number of new or amended laws and regulations came into effect on January 1 or will come into force later in 2018 across Canada, including marijuana legalization and higher minimum wages in Ontario, Alberta and other jurisdictions. Here is a brief reminder of the new or amended rules you need to be aware of and implement to ensure compliance.

 

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Top five cases of importance to Ontario employment law – 2017 edition

2017 has been an incredibly busy year for Ontario employment law practitioners. In addition to the changes to the common law brought about by the decisions considered in this post, one would be foolish to omit any reference to the sweeping changes recently ushered in by the Wynne government as a result of the Fair Workplaces, Better Jobs Act, 2017, S.O. 2017 C.22 (“Bill 148”).

 

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Top 10 most-read First Reference Talks blog posts for 2017

This year on the First Reference Talks blog we’ve been covering some of the hot topics in employment and labour law and employee management. Apart from the issue of cannabis in the workplace, there seems to be varied topics making it on the list this year. Here’s the full top 10 list of the most-read First Reference Talks blog posts from our regular bloggers for 2017:

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with the new Employment Standards Regulation completing Bill 17, the payroll rates for 2018 and the Hays Canada 2018 salary guide.

 

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Public holiday reminders for the 2017-18 holiday season

The holidays can either be considered the most relaxing time of year or the most stressful. It is a time where families and friends gather, gifts are exchanged and countless desserts are indulged. However, leading to that point of unwinding can be stressful for many, with the balancing of family demands and workplace year-end pressures.

 

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5 employment law predictions for 2018

What’s in store in 2017 for HR and payroll

‘Tis the Season and 2017 is coming to a close. With this, I am predicting some of the trends to follow from an employment law perspective of 2018. Here are 5 trends to follow in the new year.

 

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Top 10 employment law cases of 2017

Here is a list of the cases which changed employment law in Canada in 2017 (in no particular order). Note that some of these cases are not yet published on CanLII and therefore, there is no link available.

 

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Working notice inappropriate for employees who cannot work

The Ontario Superior Court recently awarded an employee on leave due to disability, damages representing the salary he would have earned had he been able to work during the working notice period set by his employer.

 

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$750,000 in moral and punitive damages awarded to employee left to “twist in the wind”

At almost 100 pages, Galea is a hefty case with many facets not touched upon in the above summary. That said, it marks the latest in a trend of Ontario courts issuing ever higher awards for bad employer conduct in both dismissal and subsequent litigation.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with current and 2018 payroll rates charts and complying with Bill 148 provisions that are in force January 1, 2018, as well as the equal pay for equal work provisions effective April 1, 2018.

 

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Ontario Passes Bill 148

On November 22, 2017, the Ontario government passed Bill 148, which includes amendments to the Employment Standards Act (“ESA”), the Labour Relations Act (“LRA”) and the Occupational Health and Safety Act (“OHSA”). On November 27, 2017, Bill 148 received Royal Assent.

 

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