Krmpotic v.s Thunder Bay Electronics Limited
In a recent Ontario Court of Appeal decision, the court upheld a $50,000 award for Aggravated damages ordered to an employee due to the manner in which they were dismissed. The 59-year-old employee, Mr. Krmpotic, worked for the Company, Thunder Bay Electronics Limited, as a Building Maintenance Supervisor, for nearly 30 years. After sustaining work-related […]
Navigating Compliance Training in Canada: Ensuring Success and Mitigating Risks
Keeping your employees safe, informed, and compliant with regulations is a crucial aspect of running a successful business. While the specific requirements can vary depending on factors such as location and industry, understanding the importance and benefits of compliance training is essential for every employer. By proactively addressing potential compliance issues through training, you can […]
Employee with One Year of Service Awarded Eleven Months of Notice
Employers often believe that offering fixed-term contracts to staff can reduce severance or termination costs. While this may be true in some cases, the reality is that fixed-term contracts often carry significantly more risk than a well drafted employment agreement for indefinite employment, as illustrated in Elder v. Max Wright Real Estate, 2023 ONSC 5661 […]
How Not to Terminate an Employee
As illustrated in the recent British Columbia Supreme Court decision Chu v China Southern Airlines Company Limited, 2023 BCSC 21, efforts to unfairly deprive employees of their severance can be more expensive than the severance itself. In this case, the employer’s conduct both before and after termination resulted in an award of aggravated and punitive […]
Addressing ‘Quiet Firing’ in The Workplace
The newly emerged concept of quiet quitting has gone viral on social media. For the purpose of this blog, ‘quiet quitting’ occurs when an employee stops being engaged in the workplace and taking initiative in their work, fulfilling only the bare minimum requirements of their assigned tasks. Essentially, the employee disconnects emotionally from their job. […]
Preparing for the End of the Infectious Disease Emergency Leave
What is the Infectious Disease Emergency Leave (IDEL)? In response to COVID-19, the Ontario government introduced the Infectious Disease Emergency Leave (IDEL) under the Ontario Employment Standards Act, 2000 (ESA). Under IDEL, a non-unionized employee is deemed to be on IDEL if their employer has temporarily reduced, or eliminated their hours due to COVID-19. These […]
Employment Standards Act Entitlements Even After Summary Dismissal
In the recent Ontario Court of Appeal decision in Render v. ThyssenKrupp Elevator (Canada) Limited, 2022 ONCA 310, the Court confirmed that there are effectively two levels of just cause misconduct, a less stringent threshold under common law and a more onerous definition required under the Ontario Employment Standards Act (“ESA”), 2000. Many employers are […]
Ontario Court of Appeal Upholds Notice Award of 26 Months
Absent exceptional circumstances, common law reasonable notice for terminated employees is generally capped at 24 months, with a handful of cases awarding employees greater amounts. In the recent decision Currie v. Nylene Canada Inc., 2022 ONCA 209, the Ontario Court of Appeal shed further light on the kinds of exceptional circumstances which merit an award […]