On May 17, 2016, Bill C 16 – An Act to amend the Canadian Human Rights Act and the Criminal Code passed first reading in the Senate. The federal Bill proposes amendments to the Canadian Human Rights Act, which seeks to extend equal opportunities in employment and provision of services, without hindrance from discriminatory practices […]
In Dupuis v. Canada (Attorney General), the Federal Court granted the Application for Judicial Review of a Canadian Human Right’s decision to dismiss the employee’s complaint alleging discrimination on the basis of disability. Mr. Dupuis was employed in the Public Service of Canada since 1988. For the first few years of his employment with Statistics […]
In Ballim v. Bausch & Lomb Canada Inc., the Ontario Superior Court of Justice determined that Samina Ballim was wrongfully dismissed by her employer, Bausch and Lomb Canada Inc., on the basis that she was terminated before the expiration of the term of her fixed-term contract of employment. Ms. Ballim discussed the possibility of employment […]
In Donaldson Travel Inc. v. Murphy, the Ontario Court of Appeal found that a clause that appeared to be a non-solicitation clause was, in practice, a non-competition clause. The clause at issue provided as follows: The [personal respondent] agrees that in the event of termination or resignation that she will not solicit or accept business […]
HRPA 2016 Ottawa Law Conference Thursday, October 27, 2016 9:00 a.m. to 4:00 p.m. Ottawa Conference and Event Centre, 200 Coventry Road, Ottawa Caroline Richard will be participating as a panelist at the Conference and discussing what is legally required in relation to return to work protocols for an injured or disabled employee. […]
In Stephanie Ozorio v. Canadian Hearing Society, the Ontario Superior Court of Justice concluded that Ms. Ozorio was wrongfully dismissed and was entitled to receive 24 months’ payment of salary and benefits. The employer, the Canadian Hearing Society, terminated Ms. Ozorio without notice. Ms. Ozorio had worked for the Society for 30 years, was 60 […]
In two decisions issued on the same day, Lin v. Ontario Teachers’ Pension Plan and Paquette v. TeraGo Networks Inc., the Ontario Court of Appeal held that terminated employees could claim unpaid bonuses as part of the damages in their wrongful dismissal claims. The employment agreements included terms which required the employee to be actively […]
In Joss Covenoho v. Pendylum, the Ontario Court of Justice determined that the termination provision in the fixed-term contract properly limited the employer’s liability upon termination. The employee was hired by Pendylum Inc. through a one year fixed-term agreement. Pendylum informed its employees that it was introducing mandatory education and criminal background checks and that […]
In Suncor Energy Inc. v Unifor Local 707A, the Court of Queen’s Bench of Alberta overturned an arbitration panel’s decision to strike down the employer’s random drug and alcohol testing policy on the basis that it failed to consider evidence of security problems in the workplace. The employer, Suncor Energy Inc., operates in the Athabasca […]
On June 10, 2016 amendments the Employment Standards Act, 2000 came into force and clarified procedures for managing tips and gratuities in the workplace. Notably, the amendment defines “tip or gratuity” and bars employers from withholding, deducting from, or causing the return of tips, or other gratuities, except as authorized. The amendments include some exceptions […]