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 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
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 […]
The Costly Consequences of an Improper Workplace Investigation
ONSC Reminds Employers of the Costly Consequences of an Improper Workplace Investigation A recently released decision by the Ontario Superior Court of Justice serves as a sobering reminder to employers of the high threshold of misconduct which must be met before an employee can successfully be terminated for cause, as well as the importance of […]
Call Me By My Name: The Cultural Significance of Names in the Workplace
Call Me By My Name: The Cultural Significance of Names in the Workplace Dale Carnegie once said “a person’s name is to him or her the sweetest and most important sound in any language.” There is a great deal of truth to this. Being addressed by our name does more for us than elicit an […]
The New Virtual Reality: Harassment In The Work From Home Age
The New Virtual Reality: Harassment In The Work From Home Age You have been asked to present to your company over Zoom. The presentation is going well, and you skillfully ignore your cell phone buzzing quietly on your desk. After you finish to strong applause, you finally get the chance to exhale and check your […]
Implications of COVID-19 on Notice Awards
Ontario Superior Court of Justice Continues to Consider the Implications of COVID-19 on Notice Awards In its recently released decision Iriotakis v Peninsula Employment Services Limited (2021 ONSC 998), the Ontario Superior Court of Justice addressed a number of pertinent issues concerning employees who were terminated during the pandemic. Most significantly, the decision provided insight […]
A Shot In The Arm: Can Your Workplace Mandate COVID-19 Vaccines?
A Shot In The Arm: Can Your Workplace Mandate COVID-19 Vaccines? While a number of COVID-19 vaccine options have now been approved by Health Canada and will be available shortly, the newest challenge is how those vaccines will be distributed. The federal and provincial governments are making early efforts to protect more vulnerable populations, such […]