Entries by BirdRichard

Dependant Contractors – More than 50% of Income

A dependent contractor is a status that is essentially a middle ground between an employee and an independent contractor. Where a court has determined that the individual does not fall into the category of employee, the court will undertake a test to determine whether the worker is either a dependent contractor or an independent contractor. […]

Ontario Government Places Restrictions on Wage Increases

On June 5, 2019, the Ontario government introduced Bill 124 – the Protecting Sustainable Public Sector for Future Generations Act, 2019 – which imposes restrictions on wage increases and compensation for a variety of unionized and non-unionized workers in Ontario over the next 3 years. The Bill establishes a series of 3-year “modernization periods” depending […]

Employer Liable for Employees Assaulting Each Other

In a recent 2019 decision, Bassanese v. German Canadian News Company Limited et al., the Court has concluded that an employer can be held vicariously liable where one employee assaults another employee. This case involved two employees who did not like each other. Dhanani was employed as an accounts receivable clerk. Bassanese worked in an […]

Constructive Dismissal for Hiring a new Employee

The Court of Appeal of Ontario has recently affirmed the Colistro v. Tbaytel decision from the Superior Court. This case involved allegations by an employee who commenced an action for constructive dismissal, intentional infliction of mental suffering, and wrongful dismissal. Colistro worked for Tbaytel, and its predecessor, the City of Thunder Bay, for nearly 20 […]

No Tort of Harassment in Ontario: Ontario Court of Appeal

The Ontario Court of Appeal has concluded that there is no the tort of harassment in Ontario. By way of background, the employee was a junior RCMP constable when he began and had been promoted to sergeant. The relationship between management and the employee became tense when the employee ran for a nomination for a […]

Nurse Reinstated after Theft of Narcotics from the Workplace

On January 10, 2019, Arbitrator Larry Steinberg released a decision reinstating a nurse who had violated numerous workplace policies, committed theft and falsified medical records. The grievor worked on a full-time basis as a Registered Professional Nurse at a long-term care facility.  She had been employed with the employer for approximately 14 years. The grievor […]