In Servantage Services Corporation v Unifor Local 3000, Arbitrator Rogers reinstated a cleaner dismissed for making a death threat, emphasizing the importance of proportionality and rehabilitative potential in disciplinary decisions.
Insights
Hicks Morley publishes a number of materials, both electronic and print, on issue-specific and sector-specific topics of interest to our clients. Our insights section has links to all of our various publications, updates and blogs, both current and historical, to keep you informed of developments in the law that impact human resources.
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Case In Point
The Alberta Appeals Commission ruled that a worker’s arm injury, sustained while playing pickleball during employer-authorized group exercise, was compensable under Workers’ Compensation Board Policy 02-01.
Case In Point
BCCA decision confirms agreements arising from single transaction will be read harmoniously to give effect to parties’ overall bargain.
Case In Point
Wilsher v. Olympic Wholesale highlights the risks for employers of relying on unwritten practices, enforcing workplace rules inconsistently, and engaging in bad faith conduct during the dismissal process.
Case In Point
In Khatib v. GoEasy Ltd, 2026 ONSC 3513, the SCJ (Ont.) awarded a terminated executive damages on a pro rata basis, in respect of equity awards that would not have vested within the reasonable notice period.
Case In Point
The Canada Industrial Relations Board has issued its first merits decision under the federal replacement worker ban, confirming that a violation depends on whether the individuals fall within the statutory prohibitions. In reviewing CUPE Local 4317 v. Montreal Gateway Terminals Partnership, Hicks Morley’s Simon Mortimer highlights the Board’s strict, provision-based approach under the updated framework.
Case In Point
How employment and equity arrangements are structured and interpreted remains a focus for Ontario courts. Hicks Morley’s Avleen Banwait examines a key distinction for employers to consider when drafting relevant provisions: equity-based claims may fall outside the scope of an employment arbitration clause where separate agreements and forums are at play.
Case In Point
In Yolande Linton v. Mohawk College of Applied Arts and Technology, the Ontario Labour Relations Board (Board) upheld and enforced a settlement between the parties, dismissing the Applicant’s unlawful reprisal claim under section 50 of the Occupational Health and Safety Act. For employers, this decision reinforces that clearly communicated and accepted settlement terms can be…
Case In Point
In Animal Justice v. Ontario (Attorney General), 2026 ONCA 380, the Court of Appeal for Ontario unanimously reversed the lower court and upheld the constitutionality of the Security from Trespass and Protecting Food Safety Act, 2020 (Act) and its regulation, General, O. Reg. 701/20 (Regulation).
Case In Point
What happens when an employer discovers serious misconduct only after terminating an employee without cause? In Birnbaum v. Dr. Chan, the Ontario Superior Court confirmed that employees are not insulated from the consequences of serious misconduct committed before termination simply because it was discovered afterwards.