Employees Can Claim Constructive Dismissal for Workplace Harassment and Bullying

Constructive Dismissal for Workplace Harassment and Bullying

Employees Can Claim Constructive Dismissal for Workplace Harassment and Bullying As many of our readers know, The Workplace Safety Insurance Act, 1997 (“WSIA” or “the Act”) provides employers with insurance against certain workplace injuries. Employees injured in a workplace governed by the WSIA receive benefits under the Act. In lieu, the injured employer is generally statute barred from commencing a claim against the employer […]

Manitoba Court of Appeal Confirms No Common Law Duty to Investigate

Manitoba Court of Appeal Confirms No Common Law Duty to Investigate In McCallum v Saputo (2021 MBCA 62), the Manitoba Court of Appeal confirmed that an employer does not have an obligation to investigate wrongdoing prior to terminating an employee, even if the termination is for cause.   Terminating an employee for cause has been […]

Citizenship Does Not Include Permanent Residency Under Human Rights Code

Citizenship Does Not Include Permanent Residency Under Human Rights Code

Citizenship Does Not Include Permanent Residency Under Human Rights Code In Imperial Oil Limited and Haseeb, 2021 ONSC 3868, the Ontario Divisional Court has clarified that citizenship, a protected ground under the Ontario Human Rights Code, does not encompass permanent residency. In doing so, it overturned a controversial 2018 decision by the Human Rights Tribunal […]

Considerations for Returning to the Workplace

Key Considerations for Returning to the Workplace

Considerations for Returning to the Workplace As Ontario eases several restrictions and as more employees continue to receive full vaccinations, employers are increasingly turning their mind to recalling their staff back to work in the office. While each workplace will have its own unique considerations, a flexible plan which guides such a return can ease […]

Severance Pay Must Consider Global Payroll

Severance Pay Must Consider Global Payroll

Severance Pay Must Consider Global Payroll Under section 64 of the Employment Standards Act, 2000 (ESA), employees in Ontario with more than five years of service are entitled to severance pay in addition to termination pay if their employer has a payroll of at least $2.5 million at the time of termination. How that payroll […]

Court Rules COVID-19 Layoffs Not Grounds for Constructive Dismissal

Court Rules COVID-19 Layoffs Not Grounds for Constructive Dismissal

Court Rules COVID-19 Layoffs Not Grounds for Constructive Dismissal Since the introduction of the Infectious Disease Emergency Leave (IDEL) on May 29, 2020, there has been significant uncertainty surrounding its interaction with the common law. Unilateral impositions of layoffs are traditionally grounds for claims for constructive dismissal, entitling the laid off employee to pay-in-lieu of […]

Court Rules Constructive Dismissal for Employees Laid Off for Covid-19

Court Rules Constructive Dismissal

Court Rules Constructive Dismissal for Employees Laid Off for Covid-19 Ontario courts continue to provide guidance with respect to layoffs caused by Covid-19. In the recently released decision of Ristanovic v. Corma Inc., 2021 ONSC 3351, Justice Dunphy held that two employees who were laid off at the onset of Covid-19 had been constructively dismissed. […]

The Impact of Pregnancy on Notice Periods

The Impact of Pregnancy on Notice Periods: Nahum v. Honeycomb Hospitality Inc The Ontario Superior Court’s recent decision in Nahum v. Honeycomb Hospitality Inc. demonstrates the impact that pregnancy can have on assessing reasonable notice owed to employees terminated on a without cause basis. While the often cited Bardal factors (i.e., an employee’s length of […]

IDEL Layoffs Constitute a Constructive Dismissal

Constructive Dismissal

IDEL Layoffs Constitute a Constructive Dismissal – Important Update from the Ontario Superior Court Since the introduction of the Infectious Disease Emergency Leave in May 2020, there has been great speculation as to its impact on the ability of employees who have been laid off due to COVID-19 to claim constructive dismissal. Pre-pandemic, most layoffs would constitute […]

The Costly Consequences of Failing to Abide by Termination Clauses

The Costly Consequences of Failing to Abide by Termination Clauses A recent decision of the Ontario Superior Court, Perretta v. Rand A Technology Corporation, 2021 ONSC 2111, demonstrates that even the most binding and enforceable termination clauses can be voided by employer conduct. The Plaintiff, Ms. Perretta, was terminated in 2018 after 5.5 years of […]