Publication Name: Case In Point

Appellate Court Upholds GSB Decision that Appropriate Jurisdiction to Adjudicate Mental Stress Claim is under WSIA

· 3 min read

The Divisional Court has upheld a decision of the Grievance Settlement Board (Board) that found that it did not have jurisdiction to award damages as a remedy for grievances alleging workplace bullying and harassment as the alleged injuries would be compensable under the Workplace Safety and Insurance, 1997 (WSIA). In Ontario Public Service Employees Union…

Supreme Court of Canada Grants Appeal in Case Which Considered Constructive Dismissal, Long-Term Incentive Plan Entitlements and Duty of Good Faith

· 3 min read

The Supreme Court of Canada has granted leave to appeal from a decision which considered long-term incentive plan entitlements as part of a constructive dismissal claim, and, in the dissent, the duty of good faith and honesty in the performance of employment contacts. In Ocean Nutrition Canada Ltd. v. Matthews, an employee resigned from employment…

An Update on the Status of Family Status – Just in Time for Family Day

· 6 min read

In a recent decision released by the Human Rights Tribunal of Ontario, the Tribunal found that an employer discriminated against the Applicant, a personal support worker, by failing to accommodate her special childcare needs. The Tribunal found that the Applicant’s employment was terminated at least in part because she was unable to offer more flexible hours due to her childcare obligations. The Tribunal awarded a remedy of $30,000 in compensation for injury to the Applicant’s dignity, feelings and self-respect.

Appellate Court Upholds Finding that Injured Worker who Returned to Full-Time Work Entitled to Receive 100% FEL Benefits to Age 65

· 2 min read

In Hydro Ottawa v. Ontario (Workplace Safety and Insurance Appeals Tribunal), the Divisional Court has upheld a decision of the Workplace Safety and Insurance Appeals Tribunal (Tribunal) that concluded an injured worker remained entitled to his 100% future economic loss (FEL) benefits until age 65 despite the fact he returned to full-time work in 2013….

Federal Court Finds Release Signed upon Termination Not a Bar to Unjust Dismissal Complaint

· 2 min read

The Federal Court recently upheld a decision of an adjudicator made under the Canada Labour Code (Code) that an agreement and release signed by an employee whose employment with a bank was terminated did not act as a bar to her unjust dismissal application. The employee had received a lump sum payment and had released…

Appellate Court Considers Employment Issues Arising out of a Termination Post-Sale of Business

· 5 min read

In Kerzner v American Iron and Metal Company Inc., the Ontario Court of Appeal considered a number of complex issues arising out of a sale of business and successive employment contracts entered into after that sale. The Court provided guidance on what can and cannot be agreed to during those transitions and how releases should…

OLRB Finds Global Payroll not to be Considered in Calculation of ESA Severance Pay

· 4 min read

In Doug Hawkes v. Max Aicher (North America) Limited, the Ontario Labour Relations Board (OLRB) addressed the issue of whether an employer’s global payroll should be considered in determining an employee’s entitlement to severance pay under the Employment Standards Act, 2000 (ESA). The OLRB determined that global payroll should not be included for the purposes…

Cause Termination Upheld Where Employee Found to Have Installed Spyware on Employer’s Computer

· 4 min read

The Ontario Superior Court of Justice recently upheld a cause termination where an employee was found to have installed spyware onto his employer’s computer. The Court also considered the availability of the “after-acquired cause” defence In Sankreacha v. Cameron J. and Beach Sales Ltd., the plaintiff’s employment as a service advisor in the automotive department…

Tribunal Confirms Human Rights Issues Need not be “Explicitly Decided” to Have Been Appropriately Dealt With in Another Proceeding

· 5 min read

In Hewitt v. HTS Engineering Ltd., the Human Rights Tribunal of Ontario (Tribunal) addressed the issue of whether the Ontario Labour Relations Board (Board or OLRB) had appropriately dealt with the substance of an Application. The decision confirms that human rights issues do not need to be explicitly at issue in another proceeding in order to…