Entries by BirdRichard

Claim for Sexual Assault and Harassment Statute Barred

As of January 1, 2018, important policy changes were implemented to workers’ compensation in Ontario which provided for entitlements relating to claims for workplace harassment, including sexual harassment.  As a result, employees with workers’ compensation coverage can pursue benefits arising from mental stress that is caused by workplace harassment. At the same time, employees who […]

Sexual Harassment in the Workplace and Employment Releases in Ontario

A recent case from the Ontario Superior Court of Justice, Watson v. Governing Council of the Salvation Army of Canada, will significantly alter the way settlements and releases ought to be structured involving employees who have experienced sexual harassment in the workplace. The employee worked for the Salvation Army as a manager from April 2011 […]

Non-Solicitation Clauses – Update for Employers

In the recent decision of the Ontario Court of Appeal, MD Physician Services Inc. v. Wisniewski, the Court upheld the decision of the lower court on the enforceability of the non-solicitation clause. The case involved two employees who were hired by MD Management Ltd. (“MDM”), a wholly owned subsidiary of MD Physician Services Inc., to […]

Employer Requirement of Permanent Residency held to be Discriminatory

In the decision of Haseeb v. Imperial Oil Ltd., the Human Rights Tribunal of Ontario determined that an employer discriminated against a prospective employee because it required the ability to work in Canada on a “permanent basis” (citizenship or permanent residency) as a condition of employment. The applicant was an international engineering student at McGill […]

Employee on Sick Leave Entitled to Salary During Notice Period

In a recent case from the Divisional Court, McLeod v. 1274458, the Court recently upheld the Superior Court’s decision on the issue of whether an employer is entitled to give working notice (rather than pay in lieu of notice) to an employee who is incapable of working for medical reasons. The case involved an employee […]

The Duty of Good Faith and Independent Contractors

In a recent case from the Ontario Court of Appeal, Mohamed v. Information Systems Architects Inc., an independent contractor was awarded damages for the full term of his contract (six months). This was the case even though the consulting agreement contained a termination provision indicating that the contractor could be terminated at any time at […]

Termination Clauses Must be read as a Whole

Termination Clauses must be read as a Whole to Determine Intention of the Parties In Amberber v. IBM Canada Ltd., 2018 ONCA 571, released June 22, 2018, the Ontario Court of Appeal (“OCA”) has released another decision regarding the interpretation of a termination clause in an employment contract. The decision is good news for employers. […]