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Category: Human Rights

Can my organization implement a drug testing policy at the workplace?

By , July 24, 2017 10:24 am

If you’ve been following the news over the last few months, you know that the Ontario Superior Court of Justice refused to allow the union’s injunction against the TTC’s random drug and alcohol testing policy. More recently, the Supreme Court of Canada upheld the termination of an employee who was terminated for violating his employer’s Continue Reading…

Employer Obligations: Pregnancy and Parental Leaves

By , May 1, 2017 2:10 pm

We often get calls from employers asking about their rights and obligations toward employees seeking pregnancy and parental leaves. Applicable Legislation About 90% of employees are provincially regulated and in Ontario the Employment Standards Act (the “ESA”) is the governing legislation. For more information about the ESA, click here. Federally regulated employers such as banks, Continue Reading…

You Think your Employee May have a Mental Illness that is causing Performance Issues. What do you do?

By , March 27, 2017 6:40 pm

One of your employees has been missing a lot of work lately and has also been unusually emotionally erratic. In addition to the attendance and behavioural issues there have been performance issues that you want to address. You suspect the person may have a mental illness. What do you do? The Duty to Inquire This Continue Reading…

Wrongful Dismissal Update: The Number of Damage Claims Being Awarded By Trial Judges are Going Up

By , January 17, 2017 8:45 am

Once upon a time, employees did not sign employment contracts with termination clauses and employment lawyers fought over the appropriate “reasonable” notice period.  In 2017, employees now often claim, among other things, wrongful dismissal damages, human rights damages, moral or Wallace damages, punitive damages, and damages for the intentional infliction of mental stress. By way Continue Reading…

TOP 10 EMPLOYMENT LAW STORIES OF 2016

By , December 6, 2016 10:40 am

The last page has turned on the calendar for 2016 so it is time for my top 10 employment law stories for the year. 1. Sexual harassment. The fallout from the Jian Ghomeshi saga continues. An adjudicator under the Code awarded $ 150 000 in damages to an employee who had been sexually harassed/assaulted (Click Continue Reading…

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