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Dismissal

Employee caused data breaches: What’s an organization to do?

Data and privacy breaches caused by hacking and social engineering fraud are here to stay. Once considered an emerging risk, cyber is now a reality facing every organization.

 

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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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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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Changing one’s mind about retirement

May an employee who has resigned her position of employment by way of a notice of retirement later rescind her written notice of retirement? If so, under what conditions may she do so?

 

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Business purchasers use employment contracts to try to ‘cover their assets’ – Can it work?

In the case of Krishnamoorthy v. Olympus Inc., was the offer of employment by the new employer adequate consideration, thus creating a new binding contract?

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with cannabis legalization and health and safety policies at work, recruiting and talent shortages and maximum common law notice periods.

 

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Ontario court overturns just cause dismissal and awards over $97,000 in damages

It is acknowledged by the courts that a just cause dismissal in employment law is tantamount to “capital punishment in the criminal justice system.” While just cause dismissal does require that a high threshold first be established, it will, in certain circumstances be an appropriate and necessary response.

 

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Tips on the right way to fire employees in Ontario

Each employee dismissal will come with its own unique circumstances and challenges. However, with sufficient planning, organization and sensitivity to the employee, it is possible to get through the dismissal process in respectful fashion, while avoiding the creation of problems that may later come back to haunt the employer.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with marijuana in the workplace, proposed parental leave benefit and workplace harassment as a WSIB claim.

 

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BC Supreme Court awards aggravated damages in the absence of medical evidence

The decisions in Ensign and Karmel demonstrate the risk of liability for failing to be honest and forthright in the manner of termination of an employee’s employment. Employers would be well-advised to be conservative in assessing whether they have cause, assessing reasonable notice periods, carrying out the termination and avoiding bad faith and/or misrepresentation.

 

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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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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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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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