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Conducting Effective Workplace Investigations

Workplace investigations are critical, not only to satisfy statutory and other legal obligations but also to support a healthy workplace. The decision to carry out a workplace investigation is, however,…

When a Resignation Becomes Wrongful Dismissal

A recent decision of the Ontario Court of Appeal provides an important reminder, that often an employee’s resignation from employment is not as clear in law as it at first…

Disability Leave & Frustration of Contract: When do the Two Intersect?

Disability leaves happen and the reality is that they are difficult to manage, both for employees and employers. Unfortunately, communication often breaks down in these situations and it then becomes…

Employers Must Consider Foreign Workers for Employment

A recent case of the Ontario Human Rights Tribunal (OHRT) serves as a cautionary note to employers with respect to the hiring of foreign workers. Specifically, the OHRT makes it clear…

Are Longer Notice Periods for Terminated Employees Becoming More Common?

Employees in Canada who have their employment terminated are entitled to be provided with either notice of the termination of their employment or compensation in place of notice which will…

Tougher Laws Relating to Impaired Driving to Permanent Residents and Foreign Workers

Starting on December 18, 2018, Canada significantly increased the penalties associated with a conviction of impaired driving. The Criminal Code of Canada has specifically been amended to include significantly harsher…

Contract Language: Courts’ Decisions May Surprise You!

There are often circumstances where you look at a contract and it’s tempting to be confident as to how a court will decide a case.  For example, employees may be…

Work for a federally regulated employer? Changes are coming to your employment

Employees in Canada are either “provincial” or “federal” when it comes to employment rights. What this means is that your employment is essentially governed either by the province in which…

Courts Review When Suspension of Employee is Not Acceptable

The Ontario Court of Appeal has provided a useful decision on the topic of when an employee can be suspended without triggering a termination of employment.  The case, Filice v Complex…