First Reference Talks

Discussions on Human Resources, Employment Law, Payroll and Internal Controls

Barry B. Fisher LL.B.

About Barry B. Fisher LL.B.

Barry B. Fisher, LL.B., is a mediator and arbitrator of both employment and labour relations matters. He offers three forms of ADR based on clients’ needs: Mediation, Arbitration and Med/Arb. Barry is from the evaluative school of mediation and brings his over 30 years' experience as an employment lawyer and legal author to the dispute. In addition to his knowledge of the legal issues involved in these disputes, he also has a deep understanding of the psychological factors that motivate both employees and employers. By combining these two skills, Barry is able to achieve a settlement rate of over 80% of the disputes that he mediates.

By | 4 Minutes Read

Off sick for 2 Years with no medical note is not job abandonment

In Hettrick v Triple F Paving (2021 ONSC 208) Miller J. had a situation where a 73 year old office manager with 21 years of service went off on a sick leave. Her employer asked for a medical note but did not say that in the absence of a medical note she would deemed to have quit.

By | 4 Minutes Read

Court rules that IDEL leave is NOT a constructive dismissal

In Taylor v Hanley Hospitality (2021 ONSC 3135) released June 7, 2021, Ferguson J. ruled that Coutinho v Ocular Health Centre (20121 ONSC 3076) was wrongly decided and thus does not have to be followed. The Plaintiff was put on IDEL leave on March 27, 2020, then recalled and returned to work on September 3, 2020.

By | 5 Minutes Read

Court finds that IDEL temporary layoff is constructive dismissal under common law

In Coutinho v Ocular Health Centre (2021 ONSC 3076) Justice Broad was faced with an issue that has become of vital importance in Ontario, namely whether a temporary layoff under the ESA (now called Infectious Disease Emergency Leave) constituted a constructive dismissal under the common law.

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Established in 1995, First Reference Inc. (known as La Référence in Quebec) provides Canadian organizations of any size with practical and authoritative resources to help ensure compliance.

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