Dishonesty Is Not Always Cause for Termination

June 16th, 2015

Dishonesty is not always cause for termination. Mississauga Private School (“MPS”) learned this the hard way in the 2012 decision of Fernandes v Peel Educational.  This case also serves as a reminder that an employer should proceed with extra caution when terminating an employee who may have a claim for disability benefits. MPS discovered that […]

 

Bankrupt Employer ≠ Helpless Employee

June 9th, 2015

It has long been recognized by the courts that there is a power imbalance between employers and employees. Given the nature of the employer-employee relationship, one may be able to see why an employee may feel as though they are at the mercy of their employer. Luckily, there are statutory safeguards to place employees on […]

 

Termination for Actions Outside of the Workplace

May 19th, 2015

Many of us have now read about or perhaps even watched the viral video where a Toronto reporter interviewing fans at the Toronto Football Club’s home opening at BMO Field confronts a group of people who either did, or were about to, shout profane and vulgar comments into her microphone. Some see this as a […]

 

Resignation or Termination?

May 11th, 2015

When an employer – employee relationship comes to an end, it is usually because the employer has terminated the employee or because the employee has resigned. However, in some cases, it is not explicitly clear whether there has been a termination or a resignation. Constructive dismissal is when an employee is not formally dismissed, but […]

 

An affair gone bad leads to plastic surgeon losing his …

April 30th, 2015

Dr. Sammy Sliwin and Ms. X had been engaged in a sexual relationship at Dr. Sliwin’s office in between Ms. X’s various plastic surgeries, which she had received free of charge for the last decade. Their affair began on March 8, 2001  and the first encounter was so amazing that Ms. X ended up changing […]

 

Dishonesty about the Nature of a Disability can be Caus …

April 23rd, 2015

A recent Ontario Labour Arbitration decision reinforces that honesty is always the best policy. Although employees should not be fearful to disclose a disability to an employer, employees should ensure that they are truthful in representing the extent of the disability. In The Toronto Sun and Unifor, Local 87-M the Arbitrator found that The Toronto […]

 

Ghomeshi Report Finds CBC Failed to Protect Employees f …

April 21st, 2015

On Thursday, the findings of an investigation into how the CBC handled the Jian Ghomeshi scandal were made public in the form of a 52 page report. This scandal has been national news for months and the report which was drafted by an independent investigator has been eagerly anticipated. The report, which can be found in […]

 

Differentiated Discipline in the Workplace

April 14th, 2015

Looking out of my office window at the snow on the ground briefly brought me back to when I was in elementary school and I would look forward to recess and the snowball fights that would ensue. Of course throwing snow balls was eventually banned, leaving us to spend our recesses staring at the snow […]

 

Breaching Confidentiality Provisions of a Settlement Ag …

February 12th, 2015

To discourage the disclosure of details of settlements to third parties, confidentiality  provisions are often included in settlement agreements between an employer and a former employee.  In Northfield Metal Products Ltd. v Parsons (1991), the Ontario Labour Relations Board stated that the purpose of confidentiality provisions is to protect the value of the settlement to […]

 
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