In a recent wrongful dismissal case, Strudwick v. Applied Consumer & Clinical Evaluations Inc., the Court of Appeal increased the amount of damages awarded to an employee from $113,782 to $240,000, for what the Court of Appeal described as “a marked departure from any conceivable standard of decent behaviour” in an employer’s treatment of its employee…
Category: Employment Law
Appellate Court Considers Intentions of Parties, Finds an ESA-Only Termination Clause Valid
We previously reported on a decision in which a motion judge of the Ontario Superior Court considered…
Summer ESA and OHSA Inspection Blitzes to Focus on New and Young Workers
Among other recently announced initiatives, the Ministry of Labour is conducting two province-wide enforcement and prevention inspection blitzes…
Disclosure of Disability Post-Termination Won’t Negate Dismissal for Cause
Is an employer obligated to set aside the termination of an employee if the employee subsequently discloses a disability? The Ontario Court of Appeal has seemingly answered this question in the case of Bellehumeur v. Windsor Factory Supply Ltd. and provided clarity to employers regarding their ability to discipline inappropriate workplace conduct perpetrated by employees who suffer…
Court of Appeal Rejects Use of “Snapshot” Approach to Determine Exclusivity in Contractor Relationships
Employment relationships generally fall into one of three categories: employee, dependent contractor or independent contractor. Exclusivity is often a key consideration when determining what category applies. Recently, the Court of Appeal for Ontario considered the degree of exclusivity required in a dependent contractor relationship in Keenan v. Canac Kitchens Ltd. In Keenan, the plaintiffs had…
“Tips and Gratuities” Reforms to the ESA Effective June 10, 2016
On December 10, 2015, Bill 12, An Act to Amend the Employment Standards Act, 2000 With Respect to Tips and Other Gratuities, received Royal Assent, and accordingly, its reforms to the Employment Standards Act, 2000 (“ESA”) will come into force on June 10, 2016 (i.e. 6 months after the Royal Assent date). As previously reported, the Bill 12…
Ontario Passes New Legislation Governing Tips and Gratuities
On December 7, 2015, the Ontario government passed Bill 12, An Act to Amend the Employment Standards Act, 2000 With Respect to Tips and Other Gratuities (“Bill 12”). Bill 12 which subsequently received Royal Assent on December 10, 2015, will come into force on June 10, 2016. It will prohibit employers from withholding, making deductions…
Ontario Passes Workplace Law Reforms
On December 10, 2015, the Ontario government passed Bill 109, the Employment and Labour Statute Law Amendment Act, 2015 and Bill 144, the Budget Measures Act, 2015, two pieces of legislation that implement a number of reforms to various workplace laws. Among other things, Bill 109 amends: the labour relations provisions of the Fire Protection and Prevention Act, 1997 (“FPPA”) to incorporate…
Federal Court of Appeal Clarifies Employer Obligations to Investigate Workplace Violence Allegations under the Canada Labour Code
In a recent decision, Canada (Attorney General) v. Public Service Alliance of Canada, the Federal Court of Appeal upheld a decision of the Federal Court which clarified an employer’s obligation to appoint an impartial “competent person” to investigate complaints of workplace violence. The Canada Occupational Health and Safety Regulations (“Regulations”) require an employer to appoint…
Ontario Passes Tips and Gratuities Bill
On December 7, 2015, Bill 12 An Act to Amend the Employment Standards Act, 2000 With Respect to Tips and Other Gratuities passed Third Reading in the Ontario Legislature. The Bill will prohibit employers from withholding, making deductions from, or collecting tips or other gratuities from employees unless authorized to do so under the Employment Standards…