Tuesday, September 7th, 2010
The scope of damages available in wrongful dismissal claims has been steadily widening over the past decade. However, in a decision of the Ontario Court of Appeal, released on May 28, 2010, the Court reversed this trend by rejecting tort liability of an employer for intentional infliction of mental suffering arising from a dismissal.
Read the rest of this post »Friday, September 3rd, 2010
I just read an interesting article saying that Germany may be the first to pass a law making it illegal for prospective employers to spy on applicants’ private postings on Facebook. Do you think this type of law could ever be passed in Canada?
Read the rest of this post »Wednesday, September 1st, 2010
The Court of Appeal in Alberta has just ruled that there was no basis to award “The Damages Formerly Known as Wallace” in Soost v. Merrill Lynch Canada Inc., dramatically reducing the value of the award.
Read the rest of this post »Friday, August 27th, 2010
Last week, I wrote about the incident in which five migrant workers fell 13 storeys when a platform collapsed on Christmas Eve, 2009. Four died instantly, but one survived. This fifth worker, who suffered grave injuries, has now launched a civil suit for damages.
Read the rest of this post »Tuesday, August 24th, 2010
The recent case of Friesen v. Fisher Bay Seafood and others is a great example of free speech v. discrimination, on how and when workplace rules cross the line…
Read the rest of this post »Friday, August 20th, 2010
The Ministry of Labour just laid charges carrying fines of up to $17,000,000 against two companies that ran and supplied a platform that collapsed last year. There were also charges against executives and supervisors that could carry fines and time in jail.
Read the rest of this post »Wednesday, August 18th, 2010
It is obvious that being inebriated or otherwise impaired in the workplace is inappropriate behaviour. The issue is then how employers can protect their workplace from the imposition of drugs and alcohol, while still respecting the rights of their workers.
Read the rest of this post »Friday, August 13th, 2010
While not every childcare need gives rise to an employer obligation to accommodate, the employee argued that her complicated and unpredictable schedule made it impossible to care for her children. Moreover, she knew that…
Read the rest of this post »Wednesday, August 11th, 2010
Employers generally win employment law cases when they can provide the courts with a paper trail of evidence in support of their employment related decisions such as termination, disciplinary actions or inability to accommodate the needs of employees, among other things.
Read the rest of this post »Friday, July 30th, 2010
Every year we are asked if the first Monday in August (also referred to as Civic Holiday or Simcoe Day in some jurisdictions), is a public holiday under Employment Standards legislation. Well it depends. This year, Civic Holiday/Simcoe Day/First Monday in August falls on August 2, 2010.
Read the rest of this post »Friday, July 23rd, 2010
Elsa Torrejon was diagnosed in early 2009 with breast cancer. After telling her employer about her illness and requesting an indefinite leave to receive treatment for breast cancer, she found herself dismissed and fighting for her human rights.
Read the rest of this post »Wednesday, July 7th, 2010
In December 2008, the Ontario Superior Court of Justice awarded Marta Piresferreira, a former employee of Bell Mobility Inc., more than $500,000 in damages arising from an assault at the hands of her supervisor. The Court found the company and supervisor jointly liable for Piresferreira’s damages. Then in May of this year, the Court of Appeal reversed the lower court decision.
Read the rest of this post »Wednesday, July 7th, 2010
A while back, the Conference Board of Canada came out with a study that found while workplace absenteeism continues to rise, Canadian employers take a “relaxed” approach to tracking employee absences and measuring their cost. According to the study, the absenteeism rate has been increasing steadily in the past decade, rising to 6.6 days per full-time employee in 2008–09 from 5.7 days in 2000–01, the most recent fiscal year. This is the highest point since the board began surveying employee absences 20 years ago.
Read the rest of this post »Tuesday, July 6th, 2010
In yet another example of the reluctance of the Ontario Superior Court to restrict competitive activities of former employees, the Court rejected an employer’s request for an injunction…
Read the rest of this post »Monday, July 5th, 2010
Last year I dropped the ball on Sanofi-Aventis’ annual health care survey—in fact, it’s still sitting on my desk under a pile of other things! So this year, I’m making it a priority, and getting this brief post on the report to you right away, before I file a more in-depth article for HRinfodesk.
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