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Notice, Damages and Settlements

Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: a worker’s entitlement for chronic pain disability, corporate income tax changes to curb income sprinkling issues and an employee’s rejected appeal for dismissal of his wrongful termination action.

 

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Talking damages: Put your money where your mouth is

When it comes to human rights cases, awards for general damages are often less than $10,000, even though the $10,000 cap on general damages was removed almost a decade ago.

 

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$85,000.00 human rights award against employer in sexual harassment case upheld on appeal

In a recent case titled Doyle v. Zochem Inc., the Ontario Court of Appeal upheld a decision to award both moral damages and damages pursuant to the Human Rights Code without subtracting one from the other. This case serves as an example of how serious our Canadian Courts are now treating sexual harassment in the workplace.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: a new type of damage that was awarded against an employer after workplace harassment was proven, a case in which expert evidence was not needed to claim damages for mental injury, and the public hearings on Bill 148, Fair Workplaces, Better Jobs Act.

 

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E.T. v. Dress Code Express Inc., the “Code” as applied to minors

The Ontario Human Rights Code is extensive in its efforts to protect persons within Ontario, and may apply to minors in the workforce. Regardless of the age of the employee, chances are they are covered by the “Code,” and their rights may be enforced if not by the employee, then by a litigation guardian. Age as well as the other protected grounds, is not an excuse or invitation for abuse.

 

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Employers: Be careful of what you say about former employees to their new employers

Be careful of what you say about former employees to their new employers, warns Toronto employment lawyer, Jeff Dutton. As evidenced in Drouillard v. Cogeco Cable Inc., if a former employer suggests to another employer to terminate a certain employee, the former employer could be liable for damages to that employee by way of the tort of inducing breach of contract.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: how an employee’s decision to retrain affected his right to damages after termination, improvements to CRA services for small and medium businesses and union-friendly changes to the certification process included in Bill 148, Fair Workplaces, Better Jobs Act.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: workplace strategies where there is a risk of impairment from cannabis, how an employer’s suspicion alone was not enough to prove an allegation of sick leave abuse and how one employer dodged a penalty after failing to adhere to re-employment obligations.

 

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Don’t take a chance on it: The uncertainty of ESA-only termination clauses

In January 2017, the Ontario Superior Court of Justice released its decision in Cook v. Hatch upholding a less than perfect termination clause that failed to reference statutory severance pay or provide for continued health benefits during the statutory notice period. A month later, the Court of Appeal responded with its decision in Wood v. Fred Deeley Imports Ltd. where it overturned a motion judge’s ruling upholding a similar termination provision. And so, the age old debate about the enforceability of ESA-only termination provisions rages on.

 

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The damages formerly known as Wallace – Are they still relevant?

It has been about eight years since the Supreme Court of Canada decision in Honda Canada v Keays, which dramatically altered the law with respect to damages relating to bad faith conduct in the course of dismissal. Is the topic still relevant? A recent Ontario decision confirms that it is.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: a repeal of an increase in OAS age of eligibility, an employer’s refusal to pay bonus not amounting to constructive dismissal and the determination that an employee’s cessation of LTD benefits couldn’t advance by way of action.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: Supreme Court rules on drug-related dismissal; Harassment as an independent cause of action; and Server awarded damages for sexual harassment.

 

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Long-term construction employees may be entitled to reasonable notice of termination

Generally, construction employees are not entitled to termination or severance pay under the Employment Standards Act (the “Act”). Section 1 of Ontario Regulation 288/01 of the Act explicitly exempts them from such minimum employment standards. However, a long-term construction employee may still be entitled to common law reasonable notice, which is much more lucrative than what the Act provides for anyway. Nevertheless, how much notice a construction employee is entitled to under the common law remains an unsettled test in Ontario.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: Wages by occupation, 2016; The risks of mischaracterizing an employee as an independent contractor; and Employer ordered to pay over $53,000 for unpaid general holiday and vacation pay.

 

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Ontario court: “Total payroll” must be considered when assessing employer severance pay obligation

The Wissing case is an important decision for Ontario employees and employers alike. It confirms that in assessing an employee’s entitlement to statutory severance pay, the Courts will look at the employer’s total payroll, not just that of its Ontario operations.

 

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