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The Canada Labour Code & employer releases

Many arbitration decisions have held that it is illegal for the employer to require the employee to sign a release waiving their rights under the Canada Labour Code as a term of a settlement offered at the time of termination.

 

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Ontario legislature passes Bill 186 – Employment Standards Amendment Act (Infectious Disease Emergencies), 2020 – Job protection for workers due to COVID-19

The Ontario Legislature has passed the Employment Standards Amendment Act (Infectious Disease Emergencies), 2020 in an emergency sitting on March 19, 2020. This legislation will provide job-protected leave to employees in isolation or quarantine due to COVID-19, or those who need to be away from work to care for children because of school or day care closures or to care for other relatives.

 

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Wallace Damages has two components

Lawyers often seem to forget this important aspect of Wallace Damages as they tend to focus on the mental distress element of the case. This case shows that it may be much more profitable to focus how the manner of the dismissal adversely affected the plaintiff’s employability.

 

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Constructive dismissal in the time of COVID-19

While mandatory remote work and temporary layoffs are likely a component of the overall pandemic response, employers may ultimately run into the legal complication of a constructive dismissal claim.

 

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Québec’s new temporary work assistance program

The COVID-19 pandemic continues to pose challenges for Canadian employers, particularly in relation to the various measures put in place by governmental authorities to encourage workers’ self-isolation. In order to alleviate the economic consequences of self-isolation measures in these exceptional times, the government of Québec announced on March 16, 2020, the establishment of a Temporary Work Assistance program (the Programme d’aide temporaire aux travailleurs) (PATT).

 

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Sick with worry: An employer’s guide to managing coronavirus concerns in the workplace

Coronavirus – by now, that’s a term we’ve all heard. The 2019 Novel Coronavirus is a new and contagious respiratory virus characterized by fever, coughing, and shortness of breath. Coronavirus symptoms are common to a lot of viral illnesses, and in many respects, a mild coronavirus infection can look a lot like a bad cold or flu. However, in some cases, coronavirus can lead to significant and life-threatening complications.

 

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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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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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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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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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