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By Barry B. Fisher LL.B. | 3 Minutes Read May 29, 2023

Silence is not condonation in temporary layoff cases

In Pham v. Qualified Metal Fabricators Ltd., 2023 ONCA 255, an appeal to the Ontario Court of Appeal, the Court overturned the trial judge’s finding that because the Plaintiff did not actively protest his layoff for 9 months, that he had in fact accepted the legitimacy off the layoff and thus could not claim that he had been constructively dismissed at the time of the layoff.

Article by Barry B. Fisher LL.B. / Employment Standards, Payroll / condonation, employment contract, employment law, temporary layoff, termination Leave a Comment

By Rudner Law, Employment / HR Law & Mediation | 3 Minutes Read February 3, 2023

Time theft: Employee ordered to repay employer

Recently, an accountant was ordered to repay her employer for engaging in time theft. In Besse v Reach CPA Inc., the employer submitted evidence via time-tracking software proving that the employee had engaged in time theft while working remotely.

Article by Rudner Law, Employment / HR Law & Mediation / Employment Standards, Payroll / electronic monitoring, employment contract, employment law, empployee misconduct, Severance pay, termination, termination with cause, time theft Leave a Comment

By Apolone Gentles, JD, CPA,CGA, FCCA, Bsc (Hons) | 4 Minutes Read February 2, 2023

Employee’s time theft revealed by electronic monitoring

Although Ontario is the only province with mandatory electronic monitoring requirements for employers under the Employment Standards Act (ESA), British Columbia recently had an interesting wrongful dismissal case in which employee time theft, remote work, and electronic monitoring intersected.

Article by Apolone Gentles, JD, CPA,CGA, FCCA, Bsc (Hons) / Employment Standards / electronic monitoring, employee misconduct, employment contract, employment law, Severance pay, termination, termination with cause, time theft Leave a Comment

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