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Employer’s bad Faith Smear Campaign of Dismissed Employee Proves Costly

Koshman v. Controlex Corporation, 2023 ONSC 7045 was a wrongful dismissal action which proceeded on a default basis. The Ontario Superior Court awarded a terminated employee over $570,000, including $100,000 in aggravated and punitive damages, after finding that the employer attempted to destroy the employee’s reputation. The plaintiff, Martin Koshman (“Koshman”), was employed with the […]

Ontario Employers may be Obligated to Remove the Requirement of “Canadian Work Experience” in their job Postings and Hiring Process

The Ontario government has proposed legislation, that if passed, intends to address the labour shortage issues in the province. The changes aim to remove barriers for internationally-trained immigrants by helping more qualified candidates progress in the interview process. Due to the long-standing practice in some regulated industries to require job applicants to have Canadian work […]

The Working for Workers Four Act, 2023, to Provide Greater Protections for Employees in the Restaurant, Service and Hospitality Industry

The Ontario government is introducing legislation, that if passed, would update the province’s Employment Standards Act, 2000, S.O. 2000, c. 41 (“ESA”). The proposed updates under the Working for Workers Four Act, 2023, (“Act”) are aimed at protecting employees in the restaurant, service and hospitality industries. According to studies, 1 in 20 diners left a […]

Ontario Superior Court Provides Guidance on the Interpretation of Arbitration Clauses in Employment Agreements

In Nohdomi v. Callidus Capital Corp., 2023 ONSC 4469, the Ontario Superior Court of Justice confirmed that an arbitration clause is invalid and unenforceable if it contracts out of the Employment Standards Act, 2000, S.O. 2000, c. 41 (“ESA”). In this matter, the plaintiff employee, Daizo Nohdomi (“Nohdomi”), and his employer, Catalyst Capital Group Inc. (“Catalyst”), […]

Ontario Court of Appeal Upholds 30 Months’ Notice for Terminated Employee

In Lynch v. Avaya Canada Corporation, 2023 ONCA 696, the Ontario Court of Appeal found that 30-month notice period was an appropriate award for wrongful dismissal. The appellant, Avaya Canada Corporation (“Avaya”), terminated the employment of the respondent, John Lynch, a professional engineer due to a company restructuring. The respondent had worked for Avaya and […]

Expanding Job Duties without Updating Contract may be Costly for Employers

In the recent Ontario Court of Appeal (ONCA) decision, Celestini v. Shoplogix Inc., 2023 ONCA 131, (“Shoplogix”) the Court confirmed that if an employer substantially changes or expands an employee’s duties and responsibilities, the employer may no longer rely on the employee’s written contract if the contract remains unchanged. In coming to their decision, the […]

Ontario Announces Occupational Illness Registry

On October 10, 2023, the Ontario Government announced that it would be creating Canada’s first-ever Occupational Exposure Registry to address many of the 41 recommendations set out in the province’s recent report: the Occupational Disease Landscape Review. The Registry, which is expected in 2025, intends to track occupational illness that results from workplace exposure to […]

Canada Labour Code to Ensure Access to Menstrual Products at work Starting December 15, 2023

The Federal Government of Canada announced that as of December 15, 2023, all federally regulated workplaces are to begin offering menstrual products available to workers at no cost, for employees in the workplace. The Minister of Labor, Seamus O’Regan, announced that the initiative is intended to improve the well-being of nearly half a million workers […]

Changes to Canada Labour Code: Increase to Notice Period for Individual Terminations Coming February 1, 2024

The Federal Government has recently announced amendments to the Canada Labour Code (the “Code”).  As of February 1, 2024, the Code will provide greater notice of termination periods for employees based on their length of employment. Under the current Code, federally regulated employees are entitled to two (2) weeks’ notice of termination, pay in lieu of […]