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Avoiding Wrongful Dismissal Litigation: One Employment Contract at a Time

By , March 24, 2015 9:55 am

Many wrongful dismissal cases are determined by the sensibilities of the judge who is appointed to the case. Some are employee friendly. Others are employer friendly. Consider the opening sentence of a wrongful dismissal case that was decided earlier this month: “Employment law is governed by the notion that the employer should not be able Continue Reading…

Constructive Dismissal Update: Quitting Because of Intolerable Working Conditions

By , March 10, 2015 1:50 am

If an employer’s treatment of an employee is so bad that it makes continued employment intolerable, an employee has the right to quit and claim damages for constructive dismissal. Is there a clear dividing line between intolerable and tolerable behaviour? Between a poisoned work environment and a healthy one? The short answer: no. What is Continue Reading…

Making the Workplace an Accessible Place: One Obligation At a Time

By , February 24, 2015 4:12 am

The Accessibility for Ontarians with Disability Act, 2005, (the “AODA”), is a statute aimed at developing, implementing and enforcing standards that promote accessibility for people with disabilities in Ontario. This law is being phased-in over 20 years. The AODA has the potential to improve many Canadian’s lives but it faces one major problem: lack of compliance. Continue Reading…

Turning the Page and Upping the Wage: Some Changes to the Employment Standards Act

By , February 10, 2015 12:40 am

Bill 18, the Stronger Workplaces for a Stronger Economy Act, 2014 received Royal Assent last year but certain sections did not take effect immediately. Schedule 2 of Bill 18 sets out amendments to the Employment Standards Act (the “ESA”). This blog summarizes some of these legislative changes as they will take effect chronologically in 2015. Continue Reading…

The Cost Of Terminating an Employee Who Has Recently Returned to Work Following a Pregnancy Leave

By , January 27, 2015 10:09 am

Pregnant employees have special rights under the Employment Standards Act and the Human Rights Code. And most judges are sympathetic to the problems that women face when they return to work following a pregnancy leave. A recent case is a good example of what not to do when an employee returns to work following a Continue Reading…

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