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Safety Misconduct and Just Cause
The case of Barton v. Rona Ontario Inc.1 raises the issue of dismissal for cause based upon employee misconduct relating to a serious safety violation. In this case, the plaintiff was an assistant store manager who had worked for the employer...
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Let There Be Wheat: Labour Standards for Farm Employees
“The Lord said ‘let there be wheat’ and Saskatchewan was born” – Stephen Leacock Saskatchewan has long been synonymous with farming. The 2011 census suggests that while there are currently fewer farms in this province than in years past, they...
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Refresher on Bill 55 Amendments to the Broader Public Sector Accountability Act, 2010
In light of the Government of Ontario’s intention of imposing a broader compensation freeze in the public sector through the proposed Protecting Public Services Act, 2012 (“PPSA, 2012”) (see our Communiqué dated September 27, 2012), we thought it would be...
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Focusing on the Next Generation: Age Discrimination?
Discrimination in the workplace is unfortunately more common than one might expect and may be based on the age of a senior employee and the desire to promote younger employees. Can one clearly label the attitude of certain managers towards...
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Key Employees Liable to Former Employer for Unfair Competition
On March 1, 2012 the Ontario Court of Appeal (the “Court”) released its decision in GasTOPS Ltd. v. Forsyth, 2012 ONCA 134. The Court upheld the findings of the trial judge that the personal defendants were liable to their former...
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More Freezes Coming in the Public Sector: Province Issues Draft Protecting Public Services Act, 2012
The wage freeze that has swept over part of the broader public sector may now be spreading even further if the provincial government has its way. The Ontario government yesterday announced plans to introduce legislation that will freeze compensation for...
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Ontario Human Rights Commission Releases “Minds that Matter” Report on Human Rights, Mental Health and Addictions
On September 13, 2012, the Ontario Human Rights Commission released “Minds that Matter: Report on the consultation on human rights, mental health and addictions”. The Report compiled the findings of a province-wide consultation on human rights issues experienced by persons...
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Just One Week Left to Post the New Mandatory Health and Safety Awareness Poster
In response to the recommendations of an Expert Advisory panel commissioned to review Ontario’s occupational health and safety system, the Ministry of Labour published a new workplace poster titled “Health & Safety at Work – Prevention Starts Here” on June...
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QUÉBEC COURT OF APPEAL: No duty to disclose unfounded allegations of dishonest conduct to potential employer
Author: Marie-Pier Côté In a very interesting and unanimous decision[1], the Québec Court of Appeal has recently ruled that an employee faced with unfounded allegations of embezzlement does not have to disclose such accusations to a potential employer during the...
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Mandatory WSIB Coverage in the Construction Industry Coming into Effect on January 1st, 2013
Effective January 1, 2013, nearly everyone who works in the construction industry must have Workplace Safety and Insurance Board (“WSIB”) coverage. While the law already requires employers to cover their workers, mandatory coverage will now extend to independent operators, sole...
