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Notice, Damages and Settlements

Arbitrator orders nurse who was caught stealing narcotics to be reinstated

Is it a discriminatory practice and potential breach of the Ontario Human Right Code for a nursing home to prohibit nurses from stealing narcotics?

 

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Constructive dismissals – not blank cheque to refuse re-employment

A recent Ontario Superior Court summary judgment decision is a strong reminder that lay-offs are not an automatic contractual right and can trigger a constructive dismissal claim.

 

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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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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with the length of the notice period, reasonable grounds for dismissal and mandatory JHSC training moving online.

 

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Review of Ontario human rights damages in 2018: New high watermarks

2018 marks an exceptional year for developments in the Ontario human rights remedies realm.

 

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Rise of the machines in the workplace

Is your workplace about to be automated? A recent study by McKinsey & Company suggests that about half of the activities (not jobs) carried out by workers could be automated right now with currently available technologies.

 

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Wrongful dismissal update: Recent case is a cause for concern

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It is increasingly difficult for employment lawyers to assess an employer’s potential legal liability in connection with an employee termination.

 

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Is 36 months the new 24?

For a long time, the common law notice period had an “unofficial” cap of 24 months, which was generally reserved for very long-service, senior level management. In recent years, things have changed and longer notice periods are becoming the norm.

 

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The ONCA’s decision in the Uber case and the (il)legality of arbitration clauses in employment contracts

Will an arbitration clause in an independent contractor agreement always be found to be illegal, if, notwithstanding that to which the parties ostensibly agreed, the worker can later allege that he is, in fact, an “employee”?

 

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Time as an independent contractor can be considered in the calculation of severance

This case demonstrates that employers need to know that if they hire their independent contractors into a genuine “employee” position, that time they spent as an independent contractor may be calculated in establishing their right to severance.

 

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Simply complying with the ESA not enough to rebut common law presumption of entitlement to reasonable notice – ON Divisional Court

Is the sole requirement to rebut the common law presumption of termination only upon reasonable notice that the contractual termination clause comply with the ESA, or is something else required?

 

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Potential reprisal complaint on the horizon? Act fast!

Where an employee may argue that they were terminated due to raising health and safety or workplace violence/harassment concerns, they have an avenue for redress open to them under the Occupational Health and Safety Act.

 

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Ontario Court of Appeal upholds constructive dismissal – without pay suspensions must be justified

The first issue in Filice for the Court of Appeal was whether the without pay suspension constituted constructive dismissal. The Court first cited the two-branch test set out by the Supreme Court of Canada in Potter v. New Brunswick Legal Aid Services Commission (2015).

 

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La Cour d’appel de l’Ontario confirme la conclusion de congédiement déguisé – les suspensions sans solde doivent être justifiées

Dans l’affaire Filice, l’employeur avait des politiques prévoyant les suspensions sans solde et ces politiques furent considérées comme faisant partie du contrat d’emploi.

 

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Managing employer risk through employment practices liability policies

Litigation arising from employment disputes continues to be an active area of exposure for businesses. The most common claims are wrongful dismissal, harassment, or discrimination by an employer, fellow employee, or third party.

 

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