In Ling v. Unity Builders, the Alberta Court of Queen’s Bench held that, when there has been a significant change to the nature of a person’s employment, a contract entered into before the change will cease to govern, and the termination of the employee will accordingly be governed by common law principles. Ling entered into […]
On November 27, 2008, Bill 119, the Workplace Safety and Insurance Amendment Act, 2008, received Royal Assent. The Act makes workers’ compensation coverage mandatory for independent operators, sole proprietors, partners and executive officers of corporations working in the construction industry. Members of the construction industry will be required to register with the Workplace Safety and […]
One recent amendment and one proposed amendment to the Employment Standards Act, 2000 (ESA) will have a significant impact on employers who employ elect to work and temporary help employees. As of January 2, 2009, employees who work under arrangements whereby they may choose whether or not to work when requested are entitled to holiday […]
The Ontario Government introduced Bill 154, An Act to amend the Employment Standards Act, 2000 in respect of organ donor leave, which will, if passed, provide up to 13 weeks of unpaid job-protected leave for employees who undergo surgery in order to donate certain organs to other persons. Donations of the kidney, lung, liver, pancreas […]
On January 23, 2009, the Supreme Court of Canada released its decision in Shafron v. KRG Insurance Brokers (Western) Inc. The decision confirms the traditional approach of the court to determining whether a restrictive covenant will be enforceable by an employer against an employee. Mr. Shafron entered into a series of employment agreements with KRG, […]
We are pleased to announce that Alanna Twohey has completed her articles with Bird Richard and will be joining the firm as an Associate following her Call to the Bar on June 17, 2009.
In the last issue, we reported on changes to the Employment Standards Act affecting temporary help employees. Bill 139, which was introduced in December of 2008 to create additional protections for temporary workers, is now scheduled to come into force on November 6, 2009.
Drug and alcohol testing for employees in safety sensitive positions continues to be a hot topic for courts in Ontario. A recent decision of the Ontario Court of Appeal has provided the latest word on the ability of employers to conduct random drug testing of their employees. In Imperial Oil Ltd v. Communications, Energy and […]
In McNevan v. AmeriCredit Corp. (December 15, 2008), the Ontario Court of Appeal clarified that only conduct that is truly high-handed and in bad faith will warrant an award of Wallace damages. McNevan was employed as an Assistant Vice President at one of AmeriCredit’s call centres. After 13 months of service, AmeriCredit became concerned about […]
In Cudmore v. Inter Cap Industries (February 20, 2009), the Human Rights Tribunal of Ontario clarified that there are limits on an employer’s duty to accommodate alcoholic or drug-addicted employees. Cudmore violated a workplace rule by coming to work under the influence of alcohol on two occasions. On the first occasion, he was given a […]