Tag: Ontario Court of Appeal

Ontario court awards 3 types of damages in sexual harassment case

by Hannah Roskey An employee who was repeatedly sexually harassed by her coworker sued her employer after being terminated. In addition to normal damages for wrongful dismissal she was awarded $60,000 for “moral damages” by the trial judge, plus damages for the employer’s violation of human rights laws. In Doyle v. Zochem Inc., 2017 ONCA […]

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Early termination of fixed-term contract proves costly

by Jacqueline Gant The highest court in Ontario recently ordered an employer to pay out a whopping three years of compensation to a 23-month employee terminated without cause. The employee was entitled to his full salary and benefits for the remainder of the five-year fixed-term employment contract. The contract did not clearly say otherwise. In […]

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When do employees have a duty to mitigate termination claim?

by Keri Bennett It has been a fundamental principle of employment law that terminated employees generally have an obligation to seek alternate employment to minimize or mitigate their resulting losses. Their right to get from the terminating employer the pay they would have received during a period of reasonable notice is usually net of any […]

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Notice of Termination: Must Be Clear, No Distinction for Unskilled Workers

By Ralph Nero and Keri Bennett Historically, the character of employment or level of position has been an important factor in determining appropriate severance payments in Canada. Unskilled or lower-level employees have typically been entitled to less severance than more highly skilled and higher-level employees. Some decisions have capped severance for such lower-level positions at […]

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Decisionmaking in Employer Pension Plans

By Lyne Duhaime and Ross Gascho If your company is both the sponsor and administrator of a pension plan in a Canadian province other than Quebec, you should take note of the recent Ontario Court of Appeal decision in Re Indalex. Although the case deals with competing claims in insolvency and deficits in wound up […]

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Employee Can’t Invade Privacy of Another Employee

By Ian Campbell and Justine Connelly The evolution of privacy rights in the Canadian workplace continues. In recent months we have updated you on court and labor arbitration decisions that have commented on employee privacy rights. An individual employee tried to take her rights one step further when she sued another employee for invasion of […]

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Canadian Court Not Prepared to Act as Workplace Referee

By Sara Parchello Does an employer have a broad obligation to protect employees from mental distress that may be caused in the workplace? Ontario’s Court of Appeal recently answered this question in Piresferreira v. Ayotte and Bell Mobility Inc. with a resounding “no.” The decision reverses, in part, an award made back in 2008 – […]

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Beware the Perils of Firing Employee-Shareholders

By Stephen Acker and Julia Kennedy As we have repeatedly reported, courts are finding new ways to put money in former employees’ pockets in Canada. Another example is the Ontario Court of Appeal’s recent decision in Link v. Venture Steel Inc. and Ruben Rivas, where it agreed with the trial judge’s decision awarding a former […]

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Don’t Get Tangled Up in Duct Tape: Lessons for Employers

By Ida Martin and Brian Smeenk The City of Mississauga was recently embarrassed by a video of two of its employees duct-taped together. They were squirming around on a table, taped by their hands, torsos, and feet. This was apparently a routine employee hazing. It was leaked to the media by an employee who had […]

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When Must Individual Contractors Receive Reasonable Notice?

By Donna Gallant A recent appeal court decision demonstrates once again that defining work relationships is far from an exact science. Somewhere on the spectrum between employees and independent contractors, we have seen the emergence of “dependent contractors.” What hasn’t been entirely clear is how one determines “dependent contractor” status.  Nor what that status means […]

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