Employers Do Not Have the Right to Terminate Employees "At Any Time"
Labour Pains
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1M ago
Do Ontario employers have the right to terminate an employee’s employment “at any time” and in their “sole discretion”? In Dufault v. The Corporation of the Township of Ignace, 2024 ONSC 1029, the Honourable Madam Justice H. M Pierce of the Ontario Superior Court of Justice sitting at Thunder Bay held that they do not ..read more
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No Implied Term in Employment for Layoff for COVID State of Emergency
Labour Pains
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3M ago
By now one might have thought that the issue of whether an employer had the legal right to layoff an employee in the face of the COVID 19 pandemic would have been resolved. And yet in the case of Webb v. SDT North America, 2023 ONSC 7170, heard June 12, 2023, with further written submissions delivered September 8, 2023, and September 29, 2023, with reasons for decision released on December 19, 2023, the court was once again asked the question of whether a “COVID layoff” constituted as dismissal ..read more
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Redefining My Narrative: Collaborating with ChatGPT to Craft My Legal Journey
Labour Pains
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3M ago
I asked ChatGPT 4 to read my existing bios and then ask me 20 questions, here is what it produced: As an experienced trial lawyer and a trusted advisor in employment law and commercial disputes, my career has been a journey of growth and adaptation. My time as the Director of Litigation & Employment for a publicly listed corporation was pivotal, where I focused on preventing disputes and advocating globally for my clients. In private practice, my expertise spans all aspects of employment law, including wrongful dismissal, workplace harassment, and human rights. I've counseled clients throu ..read more
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I Asked ChatGPT to Summarize the Court’s Decision in Bardal v Globe and Mail. This is What Happened.
Labour Pains
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4M ago
Unless one has been living under a rock, it would be hard to have missed the discussion concerning ChatGPT. But until recently, I had not experimented with it. Two days ago, I finally gave in and gave it a shot. After playing around with it, I decided to see what would happen if I tried to use it to summarize a court decision for this blog. I elected to start with a well-known and short decision: The 1960 decision of the Ontario High Court in Bardal v. Globe, 1960 CanLII 294 (ON SC). Here is what happened ..read more
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Province of Ontario Grants Province’s Publicly Assisted Post-Secondary Institutions Unfettered Discretion to Address Sexual Misconduct; Bans NDAs
Labour Pains
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5M ago
If an employee of one of Ontario’ publicly-assisted universities or colleges of applied arts and technology commits an act of sexual misconduct toward a student of an institution, what penalty should or must apply? Owing to a recent change in the Ministry of Training, Colleges and Universities Act, the answer is entirely within the hands of the institution with some very serious consequences, including permanent exclusion from being re-employed by the dismissing institution. Moreover, the law provides that, subject to the rights of the student to request otherwise, an agreement between an ins ..read more
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Illegal Termination Provision Buried in Confidentiality Clause Voids Otherwise Valid Termination Clause
Labour Pains
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5M ago
If an employment contract contains language that purports to allow the employer to terminate an employee for cause- and such language contravenes Ontario’s Employment Standards Act- does it matter where such language appears within the contract? In Henderson v. Slavkin et al., 2022 ONSC 2964, Justice Carole J. Brown of the Ontario Superior Court of Justice rightly found that it does not matter where within the employment contract the offending language is found- if the language is illegal, then it voids the whole of the termination provision ..read more
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The Test for Reprisal Under Section 50 of OHSA
Labour Pains
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8M ago
If you have been terminated after raising health and safety concerns to your employer, you may feel that your termination was a reprisal. You may also consider bringing a complaint to the Ontario Labour Relations Board, but how will the Board decide your case? When and how does a termination become a reprisal under Ontario’s Occupational Health and Safety Act? A guest post by Henry Bertoia ..read more
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Overtime Claim Not Limited to Statutory Timeline if One Elects to Proceed Via Civil Claim: Alberta Court of King’s Bench
Labour Pains
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9M ago
A guest post by Sheldon McRae, Student-at-Law If your employer has failed to pay you for overtime, is there a limitation period that may prohibit you from recovering what you’re owed? If so, can it be varied? In Scheffler v Mourits Trucking Ltd , 2023 ABKB 139 Justice John S. Little of the Alberta Court of King’s Bench determined that a plaintiff could claim unpaid overtime wages in a civil suit, despite portions of their claim being statutorily barred from recovery by a limitation period in Alberta’s Employment Standards Code ..read more
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Termination for Failure to Respect Workplace Rules Regarding Decorum When Expressing Health and Safety Concerns NOT Reprisal says Labour Relations Board
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9M ago
Sometimes it is not so much what you say, but rather how you say it that matters. In Derya Marquardt v Rasmussen Starr Ruddy LLP, 2022 CanLII 9123 (ON LRB), the Ontario Labour Relations Board held that an employer’s decision to deem the employment relationship at an end was prompted by the manner in which the employee communicated her concerns and her insubordination, and not by the fact that she was seeking compliance with or exercising rights under the Occupational Health and Safety Act ..read more
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Mandatory Fun? Can your employer force you to take your vacation time in July?
Labour Pains
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9M ago
Can your employer force you to take your vacation time in July? A guest post by Blake Bochinski For many employees, vacation time is essential for maintaining a work-life balance to relax and spend time with their loved ones. As such, employees typically do not need to be forced into taking a vacation. However, there may be circumstances where an employer wants to mandate when employees take their vacation ..read more
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