On June 1, 2017, the Ontario government introduced legislation that, if passed, would amend the Employment Standards Act, 2000 and the Labour Relations Act, 1995. The Bill, entitled the Fair Workplaces, Better Jobs Act, 2017, is largely a response to the Report published by the Changing Workplaces Review and mounting public pressure by organizations such […]
An employee who quits to work for a competitor can be liable for breach of contract and civil conspiracy, the Ontario Superior Court recently found after 10-day trial. But such a determination is going to turn on the facts, as you can tell from even a basic retelling of the background to Prim8 Group Inc […]
Historically, it has been extremely difficult for an employee, particularly one who is still employed, to get damages for harassment. The recent decision of Merrifield v the Attorney General, suggests that this may be changing. The trial judge in Merrifield found that an RCMP officer, Peter Merrifield, was ruthlessly harassed by his superiors. The employer’s […]
We might think that it would be obvious when someone quits, but disputes about resignations are actually quite common. Typically what we see is a boss who says that an employee quit and an employee who denies it. A lot rides on who’s right – an employee who quits may not receive termination pay. When […]
By Mika Imai In 2015, the Ontario Superior Court of Justice heard two factually similar cases and came to opposite conclusions. Both cases dealt with employers who had denied bonuses to a terminated employee because he was no longer “actively employed” (a requirement under the bonus policies). In Lin v Ontario Teachers’ Pension Plan, Justice […]
As of September 8, 2016, employers must comply with Bill 132, the Sexual Violence and Harassment Action Plan Act. Bill 132 adds “workplace sexual harassment” to the definition of “workplace harassment” under the Occupational Health and Safety Act (“OHSA”) and establishes more onerous requirements on employers. As a result, Bill 132 makes workplace sexual harassment […]
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