A recent case from the British Columbia Supreme Court is a useful reminder that employers can be responsible for compensation to a person who has their job offer pulled. The case Buchanan v. Introjunction Ltd., 2017 BCSC 1002 involved an employer that terminated the person’s employment before he started work. The employer tried to argue that […]
Can employees get compensation when a job offer is revoked? Most definitely yes
Can an Employer Force an Employee to visit a Doctor of their Choice?
The Ontario Court of Appeal has refused to overturn a decision of the Ontario Human Rights Tribunal which stated that employers can force employees to agree to an independent medical examination (“IME”) who are requesting accommodation for medical reasons. This an important case for employment law in Toronto and Canada. Specifically, employers may be in […]
Human Rights are Expanding – Canadian Human Rights Act adds “Gender Identity” and “Gender Expression”
The Canadian Human Rights Act has officially added “gender identity” and “gender expression” to the list of protected grounds. This means that employees and other individuals will be protected from discrimination on these grounds when dealing with federally regulated organizations. The change reflects a trend that have been ongoing across various provinces in Canada. While […]
2017 – The Year of the Employee in Canada
The year 2017 is turning into a remarkable year for labour and employment laws. This is because governments across the country are making significant changes to employment and labour legislation including changes at the federal level, Ontario, and Alberta. These changes are focused on both expanding employee rights and ensuring a closer scrutiny of employers. […]
If my company does not consider me an employee does that mean I am entitled to nothing if they let me go?
No it’s not that simple. A company may believe that you are not entitled to severance but it’s very possible they are wrong. A useful decision on who is entitled to severance is the Ontario Court of Appeal decision in Keenan v. Canac Kitchens Ltd. This decision makes it clear that just because your relationship […]
Labour Day – It all Started in Canada
Labour Day has an important and long history in Canada and North America. The holiday can be traced to 1872 and the Toronto Typographical Union that went on strike to secure a 9 hour working day, and specifically a 58 hour workweek (the so-called “Nine Hour Movement”). The demand was refused by employers, including The […]
Supreme Court Clears an Employer from Terminating an Employee with a Drug Addiction
The Supreme Court has ruled that an employer was within its rights to terminate an employee’s employment who had a cocaine addiction. The case involved Elk Valley Coal Corporation, a company operating a coal mine in Alberta. The company had a policy stating the following: “to ensure safety by encouraging employees with substance abuse problems […]
Employees on Disability Leave Must Receive Pay in Lieu of Notice when Employment is Terminated
Employees on Disability Leave Must Receive Pay in Lieu of Notice when Employment is Terminated In McLeod v 1274458 Ontario Inc., the Ontario Superior court confirmed the principle that working notice does not count when an employee is on disability leave. The plaintiff in this summary judgment was on a medical leave of absence when […]
Ontario Court of Appeal reminds employers of the importance of well drafted contracts
Ontario Court of Appeal reminds employers of the importance of well drafted contracts The recent Ontario Court of Appeal decision in Covenoho v. Pendylum Ltd., 2017 ONCA 284 has reminded employers that without well drafted employment contracts they can be held liable for significant payments in connection with the termination of an employee’s employment. The […]
Getting Closer to a Revamped Labour Market in Ontario
Getting Closer to a Revamped Labour Market in Ontario The Ontario government is in the process of implementing significant changes to the rules and regulations surrounding Ontario’s labour laws. The changes (to be implemented starting next year) will apply across a range of areas. The following provides some of the more significant changes: More annual […]