Practical HR Tips, News & Advice. Updated Daily.
By Brian P. Smeenk How can you protect yourself from arbitrators’ ever-increasing damages awards, based on ever-expanding grounds? In the April 25 Northern Exposure entry “Canadian Court Trims $500K Dismissal Damages, Upholds Arbitrator’s Broad Authority,” we reported on the latest notable example of a Canadian labor arbitrator’s expansive award being upheld by the courts. That […]
By Maria Giagilitsis Ontario’s highest court recently ruled that an employer’s right to buy back a senior executive’s shares was triggered on his termination date — not the end of the reasonable notice period. Paul R. Love had argued for the later date. His shares had substantially increased in value during the notice period. Love […]
By Antoine Aylwin A month ago, we reported on the Ontario Court of Appeal’s surprising decision in R. v. Cole. In that decision the Court of Appeal said that a high school teacher was protected against searches on his work computer by the police absent a search warrant. The Court of Appeal based its decision […]
by Julia Kennedy A Canadian court recently upheld most of a more than $500,000 arbitration award involving a unionized employee of the Greater Toronto Airport Authority (GTAA). But it ordered the arbitrator to reconsider the mental distress and punitive damages awards. In doing so, the court clarified the broad remedial authority of arbitrators to award […]
By Lindsey Taylor As we have discussed in previous editions, mandatory retirement across Canada is becoming a relic of the past. And employers are beginning to face the ripple effects. One of those ripple effects is benefits entitlement: Can Canadian employees over 65 be excluded from benefits? The answer isn’t clear. As a handful of […]
By Jennifer Shepherd and Katie Clayton Do you have employees working alone? If so, you may be required to assess your workplace and take measures to reduce risks of possible harm to workers. Indeed, many Canadian provinces require such action. A recent Alberta case demonstrates the tragic outcome that can befall a worker if you […]
By Alix Herber and Jessica Schnurr Think an employee in Canada has to quit before suing the employer for constructive dismissal? Think again, says the Ontario Superior Court. An employee may pursue a constructive dismissal claim without quitting. Traditionally, faced with a unilateral change to a term or condition of employment, an employee had two […]
By Anthony Houde and Emilie Paquin-Holmested You are quietly sipping your coffee one Saturday morning and flipping through the newspaper. You suddenly stumble upon an article about one of your Canadian employees. He or she has been accused of committing a criminal offense outside the workplace but has not yet been convicted. Your mind races […]
By Maria Giagilitsis and Brian Smeenk In a decision released earlier this week, the highest court in Canada’s most populous province, Ontario, issued a surprising ruling on workplace privacy law. The case involved criminal charges against a teacher accused of possession of child pornography. The court said the employee has a reasonable expectation of privacy […]
by Hadiya J. Roderique Human rights claims are an increasingly common occurrence for Canadian employers. Employees or former employees can initiate these claims at little or no cost in most Canadian jurisdictions (the various provinces, territories, or the federal sphere). An employer must defend human rights claims to avoid an award of damages or other […]