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Can I layoff an employee?

By , July 14, 2016 8:43 am

Ontario’s Employment Standards Act has a definition of a ‘temporary lay-off’ and provides when a “temporary lay-off” becomes a termination. Some of you may be surprised to learn that just because a layoff is defined as temporary by the Employment Standards Act, it can still amount to a constructive dismissal at law. One employer recently Continue Reading…

The Perils of Dismissing a Disabled Employee

By , July 12, 2016 1:08 pm

On June 30, 2016 the Ontario Court of Appeal (the “OCA”) released its decision in a case involving the dismissal of a disabled employee who earned about $ 22 000 per year. I wrote about the trial decision in April (see here for my blog post). The OCA increased the damages the employer was ordered Continue Reading…

AODA Update: New Regulation Taking Effect July 1, 2016

By , June 27, 2016 11:56 pm

The Accessibility for Ontarians with Disabilities Act (“AODA”) is constantly changing. So when there has been yet another change to AODA it takes all of my energy not to cover my ears and yell “LAH, LAH, LAH” at the top of my lungs. Employment Standards Regulation: January 1, 2017 The most important amendment to AODA Continue Reading…

Why An Oral Employment Contract is a Bad Idea

By , June 23, 2016 8:30 am

We’ve written before on the importance of requiring new hires to sign an employment contract which contains a termination clause. In a recent decision from British Columbia, one employer learned this lesson the hard way. James v The Hollypark Organization Inc. The Facts The Hollypark Organization Inc. was run by Mr. Dhillon, a 25-year old Continue Reading…

Ontario Court of Appeal Upholds Decision to Reinstate Disabled Employee with 10 Years Back Pay: Will Human Rights Litigation Ever Be the Same Again?

By , June 15, 2016 10:01 am

I predict a recent Ontario Court of Appeal (the “OCA”) 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 Continue Reading…

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