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Supreme Court of Canada Update: Administrative Suspension = Constructive Dismissal

By , April 8, 2015 10:52 am

On March 6, 2015 the Supreme Court of Canada released its decision Potter v. New Brunswick Legal Aid Services Commission. The Facts David Potter signed a seven year contract to work as an Executive Director of a government agency. The relationship soured and the parties started negotiations to end the contract early.   Potter then Continue Reading…

OHSA Update: The Cost of Firing an Employee for Filing a Complaint with the Ministry of Labour Just Went Up

By , April 7, 2015 2:24 am

Each year in Ontario, over 10,000 workers file a claim with the Workplace Safety and Insurance Board (WSIB) because they’ve been injured on the job to the extent that they cannot return to work the day after the injury. So, employers be wary: workplace accidents are very common and you can incur large costs if Continue Reading…

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…

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