On March 14, 2016, Ms. Esther Brake, a 20 year employee of a McDonald’s franchise, was awarded pay in lieu of notice equivalent to 20 months remuneration totaling $104,499.33. Ms. Brake was put on McDonald’s progressive discipline program and ultimately told that she failed the program and had to “take a demotion or go.” Ms. […]
Effective July 1st, 2016, small organizations with more than 20 employees, but less than 50, are required to submit accessibility compliance reports with respect to customer service under the Accessibility for Ontarians with Disabilities Act. Prior to this amendment, these organizations were exempt from the requirement to file accessibility reports all together. Please note that […]
The Divisional Court of Ontario has recently confirmed that an employer may terminate a probationary employee during the probation period, provided it acts in good faith in determining the employee’s suitability and ability to fulfill the requirements of the job. In Nagribianko v. Select Wine Merchants Ltd., the employee had entered into an employment agreement […]
In our Winter 2014 Newsletter, we reported on the four counts of criminal negligence causing death and one count of criminal negligence causing bodily harm that had been laid against Metron Construction Corp., its owner, a supervisor, and a project manager. The charges arose from an incident in which five workers employed by Metron fell […]
The Ontario Court of Appeal has recently determined that employers classified as non-covered under Part X of the Workplace Safety and Insurance Act (WSIA) may not contract out of the provisions providing for their workers’ right to sue them for workplace accidents. The WSIA establishes a scheme that provides no-fault loss of earnings benefits to […]
In our Fall 2015 Newsletter, we reported that the Ontario Court of Appeal had upheld an employer’s decision to terminate an employee with a mental disability following an instance of workplace violence. The Supreme Court of Canada has recently dismissed the employee’s application for leave to appeal. In Bellehumeur v. Windsor Factory Supply Ltd., the […]
In our Summer 2015 Newsletter, we reported on an Ontario Superior Court of Justice decision whereby two dependent contractors, Mr. and Ms. Keenan, with respectively 32 and 25 years of service, were awarded 26 months’ wages in lieu of reasonable notice of termination. At issue at trial was whether the plaintiffs were dependent contractors or […]
Back in March 2015, the provincial government introduced “It’s Never Okay: An Action Plan to Stop Sexual Violence and Harassment”. One of the many commitments contained in the action plan was the introduction of legislation to strengthen Ontario’s Occupational Health and Safety Act (OHSA). As a result, Bill 132, Sexual Violence and Harassment Action Plan […]
Court of Appeal Shows that this Approach can Cost Employers In Holland v. Hostopia.com Inc., 2015 ONCA 762, the employer did what many well-meaning but busy employers do when hiring a new employee: provide a bare-bones offer letter, and follow up with a more detailed employment agreement once the employee has settled in. However, as […]
In Hitchcock v. Lafarge Canada Inc., 2015 HRTO 1296 (CanLII), the Human Rights Tribunal of Ontario reiterated the limits on the employer’s duty to inquire regarding an employee’s disability and need for accommodation, and the corresponding obligation on employees to keep their employers informed. Stanley Hitchcock was a “Ready Mix” truck driver with three years’ […]