Employers Entitled to Dismiss Probationary Employees without Notice or Reasons

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 […]

Project Manager Sentenced to 3.5 Years in Deadly Swing Stage Collapse

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 […]

Contracting Out of the WSIA “Contrary to Public Policy”, Court of Appeal Holds

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 […]

Supreme Court Confirms Termination of Disabled Employee due to Workplace Violence Not Discriminatory

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 […]

Ontario Court of Appeal Upholds 26 months’ Notice to Deemed Dependent Contractors

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 […]

Bill 132 to Amend the OHSA and Strengthen its Protections against Harassment

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 […]