Author Archive - Meghan Ferguson

Meghan Ferguson is legal counsel for Human Resources, Sales, Finance and Communications. She provides advice for people and transactions. Previous employment: Kellogg Company, Devry Smith Frank LLP, Hudson's Bay Company, and in the employment standards, labour and health & safety divisions at the Ontario Ministry of Labour. Read more

Tribunal finds limits on mental health claims unconstitutional

May 23, 2014 Meghan Ferguson Accessibility Standards, Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Standard for Employment, Union Relations, Wages and Compensation

Ontario’s Workplace Safety and Insurance Appeals Tribunal (the “Tribunal”) has found that the limit on mental health claims under the Workplace Safety and Insurance Act, 1997 (“WSIA”) is unconstitutional.

1997, canadian charter of rights and freedoms, mental disabilities, mental health claims, mental health in the workplace, mental stress, workers compensation, Workplace Safety and Insurance Act, Workplace Safety and Insurance Appeals Tribunal, Workplace Safety and Insurance Board, WSIA, wsib

Can an employee be ordered to provide notice of termination?

April 14, 2014 Meghan Ferguson Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring

An employee can be required to provide proper notice of resignation. Failure to do so could result in the employee paying damages to the employer.

action in damages, Blackberry, Breach of employment agreement, Business, contract was breached, employment agreement, employment contract, employment law, non-competition clause, Notice of termination, notice period, resignation, Skilled Workers, termination, terminations

Class action certified in Elliot Lake mall roof collapse: Claim of negligent inspection against MOL

March 18, 2014 Meghan Ferguson Employee Relations, Health and Safety, Human Resources, Notice, Damages and Settlements, Payroll

On February 13, 2014, the Ontario Superior Court of Justice released its decision in Quinte v. Eastwood Mall and certified a class action against the owners of the Mall, the City of Elliot Lake and the Ontario Ministry of Labour. The action was brought by two business owners in the Mall.

1992, Claim of negligent inspection, class action, Class Proceedings Act, Elliot Lake mall roof collapse, Ministry of Labour; Health and Safety;, Ontario Ministry of Labour, Quinte v. Eastwood Mall

Seasonal employees may be eligible for severance pay but not termination pay

February 20, 2014 Meghan Ferguson Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, Wages and Compensation

The holiday rush has ended. Financial reports are in and layoff notices have been issued to some employees. What about severance pay for seasonal employees?

employment law, employment standards act, employment was seasonal in nature, Seasonal employees, Severance pay, termination, termination pay, terminations

Should employees talk about mental illness?

January 20, 2014 Meghan Ferguson Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Training and Development, Union Relations

This month media campaigns are encouraging people to talk about mental illness. This raises the question about whether employees should talk to their employer about mental illness or remain silent for fear of losing their jobs.

accommodating a disability, canadian employment law, Disability, discipline, discrimination in employment, dismissal from jobs due to mental disability, duty to accommodate, employer is obligated to accommodate an employee with a disability up to the point of undue hardship, employment law, healthy workplace, human rights code, mental disabilities, mental health issues, performance reviews, undue hardship