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Employment/Labour Standards

Permissible pay deductions in the event of an employee’s sudden resignation

It is understandable that some Ontario employers may wish to take steps to disincentivize staff from leaving without advance notice. The circumstances in which an Ontario employer may lawfully withhold (or deduct) an employee’s pay, however, are quite limited.

 

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Surveillance in the workplace

Workplace privacy is an evolving and somewhat muddy area of law. In Ontario, our key employment law statutes, the Employment Standards Act and the Occupational Health and Safety Act, are silent on the issue of privacy. Yet surveillance is ubiquitous.

 

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Constructive dismissal update: Employee claiming damages for workplace harassment barred from commencing court action

If this case is upheld on appeal, this decision suggests that if an employee quits because of workplace harassment, then the employee will not be able to bring a constructive dismissal in the courts in some cases.

 

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Are you reporting potentially serious incidents?

Alberta employers have long been required to report “serious workplace injuries and incidents” to Alberta Occupational Health and Safety (“OHS”) as soon as possible.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with meal and vehicle rates, employment law changes in Alberta and rules for working in the cold.

 

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A beginner’s guide to without cause terminations

If an employer terminates an employee without cause, it means they don’t have to provide a reason, but they do have to provide “notice”.

 

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Devil’s in the detail or employment contracts redux*: The twelve most common avoidable drafting errors

Employment contracts should be reviewed and revised on a periodic basis. Courts have routinely found that a contract will not be upheld or enforced unless it reflects the reality of the employment relationship.

 

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The enforceability of arbitration clauses in BC employment contracts

The BC Supreme Court recently considered the enforceability of arbitration clauses in employment contracts, as was addressed in Heller v. Uber Technologies Inc. et al, 2019 ONCA 1 (“Uber”).

 

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Doing zilch re mitigation reduces notice period from 14 to 12 months

In Seykors v Rural Municipality of Lake Lenore (2019 SKQB 225) Richmond J. reduced the notice period by 2 months where the Plaintiff’s mitigation efforts were minimal and he had not applied for even one job.

 

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Negligent misrepresentation claims against employers: A matter for labour arbitrators or civil courts?

Does a unionized employee’s claim of negligent misrepresentation against an employer fall outside of the jurisdiction of a labour arbitrator and within the jurisdiction of the civil courts?

 

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When can LTD benefits frustrate an employment contract?

The decision of Roskaft v. RONA Inc., 2018 ONSC 2934, sheds some light on when an employer can successfully claim frustration of contract when an employee is in receipt of long-term disability benefits.

 

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Non-consensual sharing of intimate images grounds for summary dismissal

Can sharing intimate photos of one your coworkers with your friends result in the summary dismissal of your employment for cause?

 

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Family Day February 2020: Which jurisdictions have a day off with pay?

Family Day, Monday, February 17, 2020, is celebrated in Alberta, British Columbia, Manitoba, Nova Scotia, Ontario, Prince Edward Island, Saskatchewan and New Brunswick. Family Day (may have a different name depending on the jurisdiction) is recognized as a public (statutory) holiday in these provinces and employees get the day off with pay, if eligible.

 

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Full and final: Human rights application successfully barred by signed release

In recent years, one of the recurring circumstances where the efficacy of a signed release has been debated is where a former employee files an application with the Ontario Human Rights Tribunal.

 

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Managing and addressing workplace developments caused by the spread of Coronavirus

Many employers are starting to ask questions about the legal framework within which they can prepare, manage and address developments and potential issues caused by the spread of the Coronavirus.

 

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