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The Ontario Court of Appeal Weighs in on the Severability of Termination Clauses
In a recent decision, North v Metaswitch Networks Corporation, the Ontario Court of Appeal found that the employer could not rely on a severability clause in an employment contract to delete only one part of a termination provision for being...
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Recouping Employee Training Costs
Many employers have had the frustrating experience of investing significant time and money into training an employee only to have that employee quit before the employer realizes the benefit of the training costs expended. However, in some circumstances, and with...
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More Employer Obligations on the Horizon? The Domestic and Sexual Violence Protection Act
Employers should be aware of proposed changes which would provide paid and unpaid leaves to employees relating to domestic and/or sexual violence and impose new training requirements for supervisors and workers. Bill 157, the Domestic and Sexual Violence Protection Act,...
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New Administrative Monetary Penalties – Pension Benefits Act (Ontario)
As discussed at our last A.M. Pension Webinar, in 2016, the Pension Benefits Act (Ontario) (“PBA”) was amended to give the Ontario pension regulator, the Superintendent of Financial Services (the “Superintendent”), the authority to impose administrative monetary penalties in certain...
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Ontario Court of Appeal Applies Settled Law on Constructive Dismissal and Signals Change on the Duty to Mitigate
The recent Ontario Court of Appeal decision in Brake v. PJ-M2R Restaurant Inc. is worthy of note for its commentary on a number of legal principles in employment law. As a result of some performance concerns, a long-serving manager of...
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Court Confirms Employees Can Sue for Harassment
The Ontario Superior Court of Justice recently held that workplace harassment is a cause of action upon which an employee can commence a civil claim against an employer. The Decision In Merrifield v. The Attorney General, the plaintiff had been...
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Federal Legislative Update: Amendments to the Canada Labour Code and the Canadian Human Rights Act
Federally-regulated employers should take note of the following recent changes to the Canada Labour Code (“Code”) and the Canadian Human Rights Act (“CHRA”): Return to a Card-Based System Bill C-4, An Act to amend the Canada Labour Code, the Parliamentary...
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Airtight Drug and Alcohol Policies Can Protect Employers in Safety-Sensitive Work Environments from Possible Discrimination Claims
A recent decision from the Supreme Court of Canada (“SCC”) has ended a lengthy saga and is good news for employers wishing to enforce drug- and alcohol-related policies in safety-sensitive work environments. In Stewart v. Elk Valley Coal Corp., a...
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Employers May Be Held Liable for Improperly Terminating an Employee for Poor Performance
The recent British Columbia decision of Cottrill v. Utopia Day Spas and Salons Ltd. is a careful reminder to employers to proceed with caution before terminating employees for cause for poor performance or risk liability if the termination is later...
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Ontario Government’s Proposed Changes to the Province’s Labour and Employment Laws
Introduction On May 23, 2017, the Final Report of the Changing Workplaces Review commissioned by the Ontario Government (the “Final Report”) was released for public consumption. As noted in our last communiqué, the Special Advisors made 173 recommendations on how...
