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Do employers need to accommodate employees who smoke?

By , July 6, 2015 1:34 pm

In a blog last year, we addressed the issue of whether smoking was a disability and the relationship between smoking and employee human rights. To date, we have not yet seen a human rights decision specifically address smoking as a disability. However, a recent arbitration decision under the Ontario Labour Relations Act considers the rights Continue Reading…

Is Your Employment Contract a Problem?

By , May 1, 2015 2:44 pm

You have been terminated. Your company provides you with a termination letter indicating how much it will pay you.  Is it enough? The letter says that the company will pay you what is required under the Employment Standards Act (ESA) in accordance with your employment contract. Great. The company will comply with the employment contract Continue Reading…

A “virtual slave” through sexual harassment and violence only awarded $50,000 as general damages

By , April 21, 2015 3:04 pm

A “virtual slave” through sexual harassment and violence only awarded $50,000 as general damages In a recent decision, PN v. MR and FR the British Columbia Human Rights Tribunal (“the Tribunal”), heard an appalling description of sexual harassment and physical violence and other humiliating and degrading treatment of a domestic care worker by her employers. Continue Reading…

Severance Packages and Termination Clauses

By , April 14, 2015 10:28 am

Employees often come to us to review their severance packages. When we review a severance package, one of the questions we ask is whether there is an employment contract with a termination clause. We carefully review the circumstances surrounding the signing of any such contract to determine whether a court will enforce the termination clause. Continue Reading…

CONSTRUCTIVE DISMISSAL – Update from the Supreme Court

By , March 11, 2015 4:20 pm

Many of us experience variations in our work and working conditions. However, if a change is significant enough it may amount to constructive dismissal. Constructive Dismissal Definition A constructive dismissal occurs when an employer makes a unilateral and fundamental change to a term or condition of an employment contract without providing reasonable notice of that change to Continue Reading…

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