Ontario Court of Appeal

Update on probationary clauses from Ontario Court of Appeal

September 1, 2017 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Union Relations, Wages and Compensation

Recently, the Ontario Court of Appeal affirmed that the probationary clause, which provided, simply, “Probation…six months”, was enforceable, and that the employee was not entitled to anything more than the one week of pay in lieu of notice of dismissal pursuant to the Ontario Employment Standards Act, 2000 (“ESA”).

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$85,000.00 human rights award against employer in sexual harassment case upheld on appeal

July 31, 2017 De Bousquet PC Barristers and Solicitors Employee Relations, Employment/Labour Standards, Health and Safety, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll

In a recent case titled Doyle v. Zochem Inc., the Ontario Court of Appeal upheld a decision to award both moral damages and damages pursuant to the Human Rights Code without subtracting one from the other. This case serves as an example of how serious our Canadian Courts are now treating sexual harassment in the workplace.

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Ontario Court of Appeal upholds decision to reinstate disabled employee with 10 years back pay: Will human rights litigation ever be the same again?

June 7, 2016 Doug MacLeod, MacLeod Law Firm Accessibility Standards, Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Integrated Accessibility Regulation, Notice, Damages and Settlements, Payroll, Penalties and Fines, Standard for Employment, Wages and Compensation

I predict a recent Ontario Court of Appeal decision will have a significant impact on human rights litigation. In particular, I suspect disabled employees will start asking employers to find or create alternative positions for them if they cannot perform their job duties because of a disability, and terminated employees will start asking adjudicators to reinstate them with full back pay.

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Three popular articles this week on HRinfodesk

June 2, 2016 Cristina Lavecchia Employee Relations, Employment/Labour Standards, Government Budgets, Throne Speeches and Plans, HR Policies and Procedures, Human Resources

The three popular articles this week on HRinfodesk deal with: The federal government’s consultation launch on the Canada Labour Code to provide federally regulated workers more flexibility in their work hours; a matter where the Ontario Court of Appeal deemed that an employer’s financial circumstances is no excuse for unreasonable notice; and a matter that deals with the Ontario Labour Relations Board’s jurisdiction over medical marijuana.

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Ontario Court of Appeal puts the ‘reasonable’ back into ‘reasonable notice’

August 6, 2014 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation

Determining the actual notice period an employee is entitled to upon termination is often a frustrating exercise for employers. This is especially true of the more recent case-law which has tended to place more emphasis on certain factors (age and tenure) at the expense of other factors (nature of position and compensation). There have been widely divergent awards in recent years. This undermines the ability of employers to plan, with some certainty, for large scale restructurings and the required notice/severance to provide staff.

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Personal liability in wrongful dismissal actions

February 5, 2014 Stringer LLP Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll

A recent decision of the Divisional Court raises the issue of when an individual can be found personally liable in a wrongful dismissal claim. This will be particularly pertinent for small business owners where confusion may arise as to whether the employer is a corporation or an individual.

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The misconceptions of suspensions in non-unionized workplaces

January 28, 2013 Earl Altman Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Payroll, Union Relations, Wages and Compensation

Perhaps because of the increased press directed to union conflicts, or perhaps due solely to a misunderstanding of the employment relationship, many HR professionals perceive that they have the right to suspend an employee based on some perceived or actual misconduct by that employee. However, while most union contracts do provide the right of suspension to the employer, there is no similar right available at common law.

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Court of Appeal protects manager from personal liability on employee termination

January 8, 2013 Stringer LLP Employee Relations, Employment/Labour Standards, Human Resources

A well-drafted contract protects not only the company but also its employees and senior personnel. In a recent decision,…

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Refreshing statement on employers’ OHS due diligence obligations

December 4, 2012 Stringer LLP Health and Safety, Human Resources

As an Ontario employer, it is sometimes hard to shake the impression the standard of OH&S due diligence applied by the courts is so high that defendants are guilty until proven innocent. Our court of appeal has found employers to be “the virtual insurers” of employee health and safety.

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Slaw: Employee terminated for theft still entitled to bonus

May 10, 2012 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Wages and Compensation

The Ontario Court of Appeal recently confirmed that when an employee was terminated for stealing from his employer, he was still entitled to his annual bonus because it was clearly an integral part of his contract, even if he had breached his fiduciary duty.

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Motions for judgment in wrongful dismissal − the Court of Appeal’s latest statement

July 5, 2011 Earl Altman Employment/Labour Standards, Human Resources

One of the difficulties faced by plaintiffs’ counsel in wrongful dismissal litigation is the length of time it can require to get a case to trial and obtain monetary compensation for the dismissed employee. Obviously, a plaintiff without a job is sensitive to the costs and delay which may result. This issue can often be addresses by way of a Motion for Summary Judgment.

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Ontario Court of Appeal deals with stock grants and termination

May 3, 2011 Earl Altman Employment/Labour Standards, Human Resources

Long gone are the days when employees would receive pay cheques at the end of the week and possibly a Christmas bonus each year. Compensation for employees, particularly senior employees, has become increasingly complex as employers seek to incent specific behaviours among their executives. In addition, changing tax laws and the wild gyrations of the stock markets have made stock options more difficult to administer and less appealing to employees.

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Don’t push the employees – Court of Appeal deals with damages in a wrongful dismissal claim

September 7, 2010 Earl Altman Employment/Labour Standards, Human Resources

The scope of damages available in wrongful dismissal claims has been steadily widening over the past decade. However, in a decision of the Ontario Court of Appeal, released on May 28, 2010, the Court reversed this trend by rejecting tort liability of an employer for intentional infliction of mental suffering arising from a dismissal.

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