What you need to know Dismissing an employee for cause can be very challenging. However, on the right set of facts, it remains possible. A recent example is found in the case of Morton v. Royal Bank of Canada, 2024 F.C. 311.  In Morton, the Federal Court upheld the decision of the adjudicator of the Industrial Relations Board that RBC was justified in terminating the employment of the claimant, Morton. Morton claimed unjust dismissal following her termination as an eighteen-year employee.   She was found to have circumvented automated processes to manipulate client transactions ..read more

In the dynamic landscape of employment law in Ontario, disputes can arise, requiring careful navigation to ensure fair resolution for both employers and employees. Understanding the intricacies of Ontario’s employment law framework is crucial when faced with such challenges. It is best to consult a lawyer when there is a chance a dispute might arise to seek guidance on how to best avoid it or to avoid some common pitfalls. Employment Standards Act (ESA) Compliance Ontario’s Employment Standards Act sets out minimum standards for employee rights in Ontario. It is essential to ensure that your e ..read more

Coronavirus disease 2019 (COVID-19) has officially been declared a pandemic by the World Health Organization (“WHO”). While Public Health Officials have confirmed the risk is still low, it is important for employers to be proactive in taking measures to address the pandemic in the workplace to ensure their employees are protected and supported. It is recommended that employers ensure they are actively communicating with their employees as to measures being taken and policies and practices in place to address concerns in the workplace. FIRST: Know your legal obligations In creating and implemen ..read more

Most employers are familiar with employee’s rights under the Ontario Human Rights Code. Many of these rights are well known and fairly obvious. For example, employers must not terminate their employees on the basis of their disability. Similarly, where employers are aware of an employee’s disability, they must accommodate to the point of undue hardship. But what do you do with an employee who is permanently disabled and cannot complete any of the requirements of their position? How far does an employer’s duty to accommodate actually go? The Ontario Divisional Court recently revisited this ques ..read more

Background During the COVID-19 pandemic many employees suddenly found themselves laid off by their employers and this issue remains one that is raised by employees. Generally speaking, employers are not entitled to lay off employees on a temporary basis unless they have the right to do so pursuant to the employee’s contract. Otherwise, what might be labelled by the employer as a “layoff” can be construed by the employee as a wrongful dismissal as long as the employee does not condone (or agree) to the layoff. Court of Appeal Decision in Pham v Qualified Metal Fabricators In the case of Pham v ..read more

By October 11th, 2022, all employers in Ontario, with 25 or more employees, must have a written policy in place disclosing whether and how they electronically monitor their employees (the “Electronic Monitoring Policy”). The requirement to have an Electronic Monitoring Policy comes with the passage, on April 11th, 2022, of the Working for Workers Act, 2022, S.O. 2022, c. 7 – Bill 88, which amended the Employment Standards Act 2000 (“ESA”) to mandate the Electronic Monitoring Policy. On July 21, 2022,  Ontario’s Ministry of Labour, Training and Skills Development (the “Ministry ..read more

As businesses contemplate their employment needs and costs during COVID-19 and uncertain business interruption, it is important that plans are in place. Under the state of emergency and consistent with the public health directives, it is essential individuals practise social distancing and isolation as much as possible. People are being encouraged to stay home to protect themselves and their families. This message should be supported by business and employers as it is an all-encompassing message. If your employees refuse to report to work upon being requested to do so, employers need to unders ..read more

Further to “Employers’ need to know obligations in face of pandemic,” it’s time for part two to develop a plan for action. The fluidity of COVID-19 requires that businesses have a plan to deal with the evolving public health and safety directives. It is highly recommended that employers ensure they are communicating with their employees as to measures being taken and policies and practices put in place to address any concerns in the workplace. In developing a contingency plan, considerations should be given to public health directives and the health and safety of your business (including your ..read more

It’s official: COVID-19 has been declared a global pandemic. While it is still the view according to public health officials that the risk is still low, it is important for employers to be aware of their legal obligations to their business and their workplaces. Being aware of your obligations as employer will assist in developing a contingency plan for preparedness in the face of the evolving pandemic and the challenges it raises to public health and safety. In order to create and implement a COVID-19 protection plan for your employees and your workplace it is important to be aware of some of ..read more

Recently, Justice Dow of the Ontario Superior Court of Justice, was tasked with deciding a summary judgment motion brought by the Plaintiff in an employment law dispute cited as Mah v ARJ Investments Ltd., 2019 ONSC 4927. The dispute arose out of the September 5, 2017 termination of the Plaintiff, Mr. Mah, by his employer, ARJ Investments Ltd. (“ARJ”). Mr. Mah was 56 years old and a senior executive at ARJ. Opposing Views ARJ maintained, throughout the course of litigation, that Mr. Mah had resigned from his employment and was thus not entitled to any pay in lieu of notice, benefits, unpaid va ..read more