Employees on LTD Not Automatically Entitled to Continued Employment for Purposes of Maintaining Group Benefits Coverage

In a recent decision, Corporation of the Township of Langley v. Canada Union of Public Employees, Local 403, the British Columbia Labour Relations Board set aside and ordered the reconsideration of an arbitration decision in which the Arbitrator had ruled that terminations of several employees on long-term disability (LTD) was discriminatory. Each of the terminated…

Appellate Court: Term “Probation” in Employment Contract Has A Clear Legal Meaning

The Ontario Court of Appeal recently confirmed that the term “probation” in an employment contract has a clear legal meaning. It upheld the termination of an employee during a six-month probationary period, who had been dismissed with payment of his applicable entitlements under the Employment Standards Act, 2000 (ESA). Common law has long recognized a…

Court Disapproves of Employee’s Surreptitious Recordings of Meetings with Employer

In Hart v Parrish & Heimbecker, a trial judge recently upheld the dismissal of a 42-year old Merchandising Manager (Plaintiff) with 15 of years service, for a series of separate incidents that he had with peers and subordinates. The Plaintiff had engaged in inappropriate conduct which included repeatedly yelling at employees, displaying excessive anger and…

The Supreme Court’s Decision on Proving Mental Injury and its Implications for Employers

In a recent decision, Saadati v. Moorhead, the Supreme Court of Canada unanimously held that proof of a recognized psychiatric injury is no longer necessary to award damages for mental injuries caused by negligence. Although this finding was made in the context of a personal injury case, it may have implications for employers. The plaintiff/appellant…

The Truth Hurts: Employer Not Liable In Defamation For Bad Reference Because It Was True

The Ontario Superior Court has affirmed that employers are not liable for defamation when they provide candid and truthful references about former employees. In Papp v Stokes et al, 2017 ONSC 2357, the plaintiff, Adam Papp, worked as an economist for Stokes Economic Consulting for 2.5 years when his employment was terminated without cause in…