An Illness/Injury Has Made It Unfeasible to Return to W …

July 4th, 2019

If an injury or illness has resulted in there being no reasonable likelihood that you will be able to return to work within the foreseeable future, you may be entitled to compensation. The recent Ontario Superior Court of Justice decision, Hoekstra v. Rehability Occupational Therapy Inc., 2019 ONSC 562, sets out new guidelines on frustration […]

Medical Marijuana: Limits to Consumption in Unionized W …

June 14th, 2019

A recent labour arbitration decision from Saskatchewan has suggested what the boundaries around workplace consumption of medical marijuana might be. In Kindersley (Town) v Canadian Union of Public Employees, Local 2740, 2018 CanLII 35597 (SK LA), an employee was dismissed for vaping medical marijuana while operating the employer’s vehicle. The employee had previously disclosed to […]

Bill to increase Minimum Wage hotly debated in Ontario …

October 18th, 2017

Bill 148, Fair Workplaces, Better Jobs Act, 2017, is in the midst of being debated by members of the Ontario Legislature. The Bill proposes changes to Ontario’s Employment Standards Act, which include an increase of the minimum wage to $14 per hour by January 1st, 2018 and again to $15 per hour by January 1st, […]

Ontario’s Workforce is Increasingly Temporary

September 27th, 2017

Recently, Fiera Foods, an industrial bakery in Toronto, came under fire for the third death of a worker at its factory since 1999. All three workers were temporary workers and killed in workplace accidents, giving rise to questions of the quality of training that such employees received. A temporary worker is more likely to be […]

Google Faces Class Action Lawsuit Over Gender Pay

September 18th, 2017

Google is under fire yet again with another lawsuit, this time, it has to do with gender-based pay discrimination at their headquarters in Mountain View, California. As much as 90 women have responded to lawyer James Finberg’s call to determine how man women have been discriminated against, including three women who are listed in the […]

Income Earned by Wrongfully Dismissed Employees No Long …

June 22nd, 2017

By: Michelle Cook, Summer Law Student The duty of wrongfully dismissed employees to mitigate their damages is no longer as clear-cut as it once was. Notice periods are seen as an amount of time, or a level of compensation, to assist a dismissed employee to find comparable work. Previously, lawyers made the assumption that any income […]

Update: Ontario Liberals Announce Changes to Labour Law …

June 1st, 2017

By: Michelle Cook, Summer Law Student Tuesday, Premier Kathleen Wynne announced which recommendations of the Final Report of the Changing Workplace Review she would like to see implemented, including a $15 minimum wage (see our summary of the Final Report here). While rumors of a $15 minimum wage have been swirling around since the past […]

You’re fired! Oh, maybe not: A Closer Examination int …

December 2nd, 2016

Termination clauses underline benefits and other compensation as an employee’s entitlement when an employer chooses to discontinue the employee’s employment. These clauses usually provide either a fixed notice period during which these entitlements would be available to the employee, or a formula that determines the length of notice period based on the employee’s length of […]

Failure to Explore Accommodations for Employees with Di …

August 23rd, 2016

A recent decision from the Human Rights Tribunal of Ontario (the “Tribunal”) should give employers pause when faced with an employee seeking to return to work with a disability, after being on disability leave for a period of time. Accommodation is the keyword for employers. If an employer does not fully explore all possible reasonable […]

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