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When is an Employer Liable for the Actions of a “Rogue” Employee?

There are times when one employee can act so improperly as to cause the harassment and/or departure of another employee. These situations are often referred to as an employee going “rogue”. …

Police Record Checks: Changes for Employers Coming November 1, 2018

Bill 113, Police Record Checks Reform Act, 2015 (the “Act”) will come into effect in Ontario on November 1, 2018. The Act will standardize the process for conducting police record…

Employer Obligations under the Smoke-Free Ontario Act, 2017

Given the upcoming changes to Canadian law to allow for the legal use of recreational marijuana, serious questions about the implications of marijuana in the workplace are beginning to surface.…

Employers Can Pay a Heavy Price for What they Say in Interviews

A lot is said in an interview, and sometimes it can come back to bite an employer. A recent decision of the British Columbia Court of Appeal shows the potential…

Can an Employer Use Your Genetic Material Against You?

Modern testing techniques mean that it is possible for individuals to access highly intimate data about not just their current medical condition but their underlying genetic condition.  This has raised…

Is an employer liable when they provide a negative reference?

Over the last year, courts in Ontario have provided two important decisions regarding the consequences for providing negative references.  These are important decisions for employment law in both Ontario and…

Ontario Court Emphasizes Importance of Well-Drafted Contracts for Employers

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 Beware – Theft Not Always Cause for Termination

In early 2017, a British Columbia Supreme Court judge awarded damages of $46,000.000 to a Burger King franchise employee with twenty-four years of service whose employment was terminated for cause…

Future Termination Provisions Violating ESA Deemed Unenforceable

The Ontario Court of Appeal in Covenoho v. Pendylum Ltd. has confirmed that a termination provision in an employment contract that could breach Ontario’s Employment Standards Act (“ESA”) in the future –…