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Court of Appeal upholds Decision to Terminate Employee for Failure to Apologize for Inappropriate Comments

In the case Hucsko v. A.O. Smith Enterprises, [2021] O.J. No. 6307, a long service employee was terminated for cause following an investigation into allegations of sexual harassment and his refusal to apologize for the misconduct. Leading up to the termination of employment, there were several incidences of inappropriate conduct ranging from asking a female […]

Ontario Extends COVID-19 Worker Income Benefit Program and IDEL

The Ontario government announced that the Worker Income Benefit Program will be extended until July 31, 2022. As we have previously indicated, the program was in order to provide aid to employees who had no sick day coverage. In particular, this program provides employees with up to 3 days paid leave in the following circumstances: […]

Vaccination Policies in the Unionized Environment – What Do the Cases Say?

Since the introduction of Covid-19 vaccinations in early 2021, some employees have refused to get vaccinated for a variety of reasons including privacy, personal belief, medical or religious reasons. In response to the pandemic, many employers have implemented mandatory vaccine policies in an effort to provide safe workplaces. Some policies are being challenged by unions […]

Employer Beware: Repudiation of Contract Findings on the Rise

In the case of Perretta v. Rand A Technology Corp. [2021] O.J. No. 1486, the employee filed a summary judgment motion seeking $26,907 in damages for wrongful dismissal. She was a sales representative of the company, and her base salary was $46,500. The employer terminated the employee’s employment without cause on March 31, 2020. The […]

Does the COVID-19 Pandemic Impact Reasonable Notice for Employees?

In the recent decision of Kraft v. Firepower Financial Corp., 2021, ONSC 4926, an employee was terminated by the employer without cause. He sued for pay in lieu of notice, commissions, bonuses, holiday and vacation pay. The employee was a specialized commissioned salesperson working in the investment field and focused on mergers and acquisitions. He […]

Divisional Court Overturns Decision by HRTO Allowing Discrimination Claim on the Basis of Permanent Residence

The recently released decision of Imperial Oil Ltd. v Haseeb, [2021] O.J. No. 2998 from the Divisional Court of Ontario, judicially reviewed the decision of the Human Rights Tribunal of Ontario (HRTO), which determined that an individual could claim direct discrimination based on permanent residency. As part of its recruitment program, Imperial Oil decided only […]