A recent ruling offers new guidance to the reasonableness of mandatory workplace policies. In this article, Andrew Schjerning breaks down a recent British Columbia Court of Appeal decision confirming that employers may reasonably rely on public health authority guidance when implementing mandatory COVID‑19 vaccination policies.
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
When does lunch break cannabis use justify termination—especially in a safety sensitive role? In this article, Matthew Wronko provides an analysis of a recent arbitration award and what this means for employers drafting drug and alcohol and fitness for duty policies
Case In Point
Judicial deference to the OLRB remains firmly intact, especially in construction labour relations. In this article, Thomas Trudell reviews a recent Divisional Court decision affirming the OLRB’s authority in construction work assignment disputes and its long‑standing approach to jurisdictional issues.
Case In Point
When it comes to settlement agreements, precision is non-negotiable. In this article, Justin Jalea explores the recent Cross v. Cooling Tower maintenance Inc. decision and provides important reminders for employers drafting settlement agreements involving salary continuance and clawback provisions.
Case In Point
Jurisdiction matters when drafting cross-country contracts. In this article, we examine the Brocklehurst v Micco Companies decision where Micco’s termination clause was found unenforceable under Nova Scotia legislation and explore the broader implications for employers to ensure provisions are precise and effective across Canada.
Case In Point
Hicks Morley’s Madeline Lusk examines why an employer’s decision to terminate after an employee breached a last chance agreement was upheld.
Case In Point
The Ontario Superior Court of Justice has delivered a clear message about the binding nature of settlement agreements in employment disputes, emphasizing that acceptance of settlement terms creates legally binding obligations that cannot be unilaterally modified after the fact.
In Johnstone v. Loblaw, Justice Brownstone enforced a settlement despite the employee’s subsequent attempts to introduce new conditions, stating emphatically that “Buyer’s remorse, a change of heart, or even growing concern about his ability to close his house purchase do not entitle him to renege on a settlement.”
Case In Point
In a significant decision for post-secondary institutions, Arbitrator Leslie Reaume has upheld the for-cause termination of a tenured university professor at Brock University for the sexual harassment of a graduate student. The ruling sends a clear message that the power imbalance in supervisory relationships is not an invitation for inappropriate conduct. Sexually charged and personally…
Case In Point
On June 9, 2025 the Ontario Court of Appeal released its decision in Ontario (Labour, Immigration, Training and Skills Development) v. Benevides, granting leave to appeal the provincial offences appeal judge’s decision to the Court of Appeal. Background This case stems from a construction site incident that occurred in April of 2020 where eight spools…
Case In Point
Employers seeking to initiate equitable hiring strategies may wonder whether such programs are “legal”, given the current political climate in the United States. A recent decision of the Human Rights Tribunal of Ontario contains important reminders.