Case In Point

Appellate Court: Employee Can’t Transform Employer’s Supportive Leniency (Allowing Flexibility in her Start Time) into Contractual Obligation

The Ontario Divisional Court recently considered the issue of whether flexibility offered by an employer to an employee alters a fundamental term of the employee’s employment contract. In Peternel v. Custom Granite & Marble Ltd., the Divisional Court upheld a trial judge decision that the employee’s 8:30 a.m. start time at work was an existing…

Federal Post

September Update on Changes to the Canada Labour Code

We have reported on the changes to the Canada Labour Code (Code) which came into effect on July 29, 2019 and on September 1, 2019. The federal government has published new Interpretations, Policies and Guidelines (IPGs) in support of some of these changes, as well as a summary of various amendments which have not yet been proclaimed into force and their anticipated in force dates. Proposed regulations for the incoming Part IV, Administrative Monetary Penalties, of the Code have also been recently published for comment.

Case In Point

$1.27 Million Damages Award a Reminder to Employers of Perils Associated with Fixed Term Contracts

In McGuinty v. 1845035 Ontario Inc. (McGuinty Funeral Home), the Ontario Superior Court of Justice awarded a plaintiff over $1.27 million in damages for constructive dismissal after only one year had elapsed of a 10 year consulting services agreement (Agreement). In the absence of a cancellation provision, the defendant was obligated to pay the Agreement…

Human Resources Legislative Update

Ontario Government Releases Guide on Preventing Workplace Violence in the Health Care Sector

On August 26, 2019, the Ontario government released a guide to help employers, supervisors and workers in hospitals, long-term care homes and private home care facilities better understand their obligations relating to preventing workplace violence under the Occupational Health and Safety Act (OHSA) and the Health Care and Residential Facilities Regulation (O. Reg 67/93).