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Wrongful dismissal update: Alleging just cause is a legal minefield

A recent case (Headley v. City of Toronto, 2019 ONSC 4496 (CanLII)) shows that alleging just cause for termination for a long-service employee can be a risky and costly strategy.

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Restructuring tools to minimize the risk of successful constructive dismissal claims

One of the biggest concerns for employers reorganizing in response to operational requirements is the potential for constructive dismissal claims by employees impacted by the changes.

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Remembrance Day, a public holiday for some, memorial day for others

Remembrance Day falls on Monday, November 11, in 2019. Although Remembrance Day was declared a legal holiday like Canada Day and Victoria Day under the federal Holidays Act on March 1, 2018, provinces and territories determine which days are public holidays in their regions.

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with employment contracts, 2020 payroll rates and illness in the workplace.

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How an external investigation actually saved money for an employer

A recent Human Rights Tribunal decision demonstrates that the short-term financial costs of an external investigation might also be balanced out by long-term financial savings.

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Mandatory data breach reporting – a message from the Privacy Commissioner of Canada

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On October 31, 2019, the Office of the Privacy Commissioner of Canada shared what has been learned and what businesses need to know with respect to mandatory data breach reporting under Canada’s federal private sector privacy law, the Personal Information Protection and Electronic Documents Act (PIPEDA).

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Ontario Court of Appeal: Upon termination, employee’s shareholder rights distinct from common law entitlements

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In Mikelsteins v Morrison Hershfield Limited, the Ontario Court of Appeal held that an employee was not entitled to compensation over his common law notice period in connection with shares he had purchased under a shareholders agreement.

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Racialized, foreign-trained lawyer discriminated against during interview

It is no surprise that racism and ageism still exist in the legal profession. An Ontario Human Rights Tribunal decision released earlier this year is a perfect example and warns employers to be careful during the hiring process.

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with employer responsibilities to employees when a business closes, the employer’s duty to accommodate alcoholism and the 2019-2020 payroll rates.

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The (un)enforceability of non-competition agreements

Many employment agreements contain non-competition clauses that seek to prevent an employee from later working for a competitor. Employers who rely on these clauses should exercise caution before seeking to enforce them at court.

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Embracing the #MeToo movement

#MeToo has quickly caught wind as a widespread movement that sheds light on the prevalence of sexual assault and harassment, particularly in the workplace. As a result of the movement, society’s attitudes towards workplace sexual harassment have started to change; but, has this impacted how courts and tribunals approach sexual harassment cases?

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Can my employer dismiss me due to my unseen disability?

Employers should investigate further before immediately dismissing employees for violating workplace drug and alcohol policies. An employee’s diagnosis of substance dependence would be considered a disability, which is a protected ground under the Canadian Human Rights Act (CHRA) for federally regulated employers.

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Does an illegal ‘just cause’ clause void a legal ‘without cause’ clause in an employment agreement?

In Waksdale v. Swegon North America Inc., 2019 ONSC 5705 (CanLII), the Plaintiff signed an Employment Agreement that had a Termination Section that contained both a Termination Without Cause Clause and a Termination With Cause Clause. However, it is important to note that the Termination Without Cause Clause and the Termination With Cause Clause were in two distinct paragraphs separated from each other in the Termination Section. They were not mixed together in the same paragraph.

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with working from home, frustration of contract and why employees leave companies in search of other employment.

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What does the legalization of cannabis edibles in Canada mean for workplaces?

With Cannabis being originally legalized in Canada on October 17, 2018, a year later on the same date, Cannabis edibles have been legalized in Canada. The legalization of Cannabis edibles in Canada permit edibles to be sold and consumed effective October 17, 2019.

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