In a recent decision, Kotecha v. Affinia, the Court of Appeal for Ontario reduced the 24.5 months’ notice that had been awarded to a 70 year old plaintiff, holding that there were no exceptional circumstances to justify the award. While the Court found that it was unlikely the employee would obtain similar employment, the award…
Publication Type: Article
Court Considers Deductibility of STD/LTD Benefits from Notice Award
The Ontario Superior Court recently considered the deductibility of short term disability (“STD”) and long-term disability (“LTD”) benefits from a notice award. It concluded that STD benefits could be deducted because the benefits were provided as salary continuance, the plaintiff had not contributed directly to their cost and the cost was absorbed by the employer…
Discharge for Posting Disparaging Comments about Co-Worker on Facebook Upheld by Arbitrator
An arbitrator recently upheld the dismissal of a three and one-half year employee who had posted humiliating and threatening comments about a co-worker on Facebook. Among other things, she found that the grievor’s actions, while done off-duty, created a poisoned work environment. In so finding, the arbitrator considered the employer’s workplace violence and harassment policy….
Ontario Human Rights Commission Releases New Policy on Mental Disabilities and Addictions
One of the most significant challenges facing employers today involves identifying, managing and accommodating mental health and addiction issues in the workplace. In June 2014, the Ontario Human Rights Commission (“the Commission”) issued a new policy dealing with this issue. The new policy, entitled Policy on preventing discrimination based on mental health disabilities and addictions,…
Supreme Court Finds Control and Dependency Will Determine if an Employment Relationship Exists
On May 22, 2014, the Supreme Court of Canada issued a significant employment law decision in McCormick v. Fasken Martineau DuMoulin LLP. In this case, the Court found that an equity partner of a law firm was not an employee for the purposes of the British Columbia Human Rights Code. However, the Court also stated…
Court of Appeal Reduces $1.45 Million Award to Constructively Dismissed Employee
The Court of Appeal for Ontario has released its decision in Boucher v. Wal-Mart Canada Corp. This case made headlines in 2012 after a jury trial awarded more than $1.45 million in compensatory, mental suffering, aggravated and punitive damages to Meredith Boucher for her claim that she was constructively dismissed as a result of the…
Deadline for Mandatory Health and Safety Awareness Training is July 1, 2014
Commencing on July 1, 2014, all Ontario employers are required to ensure that workers and supervisors receive mandatory safety awareness training pursuant to O. Reg 297/13, Occupational Health and Safety Awareness and Training. In this FTR Now, we provide a brief reminder about these new training obligations, which were discussed in detail in our November…
WSIAT Finds Limitations on Mental Stress Unconstitutional
On April 29, 2014, Ontario’s Workplace Safety and Insurance Appeals Tribunal (the “Tribunal”) issued a significant decision regarding entitlement to benefits for chronic mental stress under the Workplace Safety and Insurance Act, 1997 (“WSIA“). In Decision No. 2157/09, the Tribunal found that the provisions in the WSIA limiting entitlement to mental stress that “arises from…
CAPSA Releases Guideline on Defined Contribution Pension Plans
On March 28, 2014, the Canadian Association of Pension Supervisory Authorities (“CAPSA”), the association which represents all Canadian pension regulators, released the final version of Guideline No. 8: Defined Contribution Pension Plans, (“DC Guidelines”) along with an accompanying reference document. The DC Guidelines were issued following the circulation of a draft version and extensive public…
Minimum Wage Increase to Come Into Effect June 1, 2014
Employers are reminded that the minimum wage rate prescribed under the Employment Standards Act, 2000 (“ESA”) will be increasing on June 1, 2014, notwithstanding the recent dissolution of the Legislature and subsequent election call. As previously reported on our legislative blog, the increase to the minimum wage rate was accomplished by regulation on February 14,…