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).

Human Resources Legislative Update

Federal Government Publishes Draft Regulations Relating to Pay Transparency

On August 10, 2019, the federal government released proposed amendments to the Employment Equity Regulations made under the federal Employment Equity Act (Act). The amendments are in support of an amendment to the Act made by Bill C-97, the Budget Implementation Act, 2019, No. 1 to include new pay transparency requirements. Once proclaimed into force,…

Federal Post

Further Amendments to the Canada Labour Code Now In Force

On July 29, 2019, a number of amendments to the Canada Labour Code enacted by Bill C-44, the Budget Implementation Act, 2017, No. 1, came into force. The amendments relate to changes to the powers of the Canada Industrial Relations Board, complaints relating to reprisals and the elimination of the role of appeals officers. Learn more in this Federal Post.

Case In Point

Appellate Court Considers Contractual Rights Upon Termination

The Court of Appeal recently considered the issue of an employee’s contractual rights versus his common law rights upon the termination of his employment. In Mikelsteins v. Morrison Hershfield Limited, the defendant employer appealed a partial summary judgment that had awarded the plaintiff, a former employee, an increased value for shares that had been bought…