First Reference Talks

Discussions on Human Resources, Employment Law, Payroll and Internal Controls

wrongful dismissal damages

By | 4 Minutes Read

If the punishment fits: The Court of Appeal upholds Ruston v. Keddco Mfg. (2001) Ltd.

Our legal system is designed to implement a stringent appeals process. When an unsuccessful party truly believes that the Court ‘got it wrong,’ either because they wrongly assessed the facts or wrongly applied the law (or in some cases both), they have the power to appeal to a higher court who can review the ruling and issue their own determination, as was the case with Ruston v. Keddco Mfg.

By | 6 Minutes Read

Top five cases of importance to Ontario employment law – 2017 edition

2017 has been an incredibly busy year for Ontario employment law practitioners. In addition to the changes to the common law brought about by the decisions considered in this post, one would be foolish to omit any reference to the sweeping changes recently ushered in by the Wynne government as a result of the Fair Workplaces, Better Jobs Act, 2017, S.O. 2017 C.22 (“Bill 148”).

By | 3 Minutes Read

OHSA in wonderland: Through the looking glass

If an employee alleges a violation of section 50 of the Occupational Health and Safety Act (“OHSA”) then the employer must prove there has been no violation. This is called a reverse onus clause which means an employer must prove it did not violate OHSA. After a brief summary of the remedies that are available to employees under section 50 of OHSA, this blog discusses three recent cases.

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