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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…

Canada Expands Biometrics Requirements for Some Travellers

Starting July 31st, 2018, European, Middle Eastern and African citizens applying for a visitor visa, work/study permit, permanent residence, or refugee or asylum status must submit biometric information (photograph and…

When the Duty to Mitigate is Expensive: Employer Ordered to Pay $45,000

The duty of an employee to mitigate damages after a termination of employment operates to help reduce the period of unemployment or underemployment over which the former employer may owe…

Sharaf Sultan Quoted in HR Reporter

Sharaf Sultan was recently quoted in Canadian HR Reporter discussing an employer who was sentenced to jail for 90 days and hit with a $900,000 in fines for unpaid wages. Read…

26 Months’ Notice Awarded in Recent Ontario Superior Court Case

In a recent Ontario Superior Court (“Court”) case Justice Favreau ruled in favour of the Plaintiffs in finding that they were entitled to 26 months’ notice and did not act…

Upcoming Rules for Ontario Employers on Criminal Record Checks

As of November 1, 2018, Ontario will be the first province in Canada with a comprehensive legislative regime governing criminal record checks. Employers across the province should be looking ahead…

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.…

HRTO: No Absolute Right to Marijuana Use at Work

In a recent decision at the Human Rights Tribunal of Ontario (“HRTO”), the HRTO confirmed that there is no absolute right to the use of medical marijuana in the workplace…

Wrongful Dismissal and the Duty to Mitigate

The duty of an employee to mitigate damages after a termination of employment can be a serious point of contention in a wrongful dismissal claim. How can an employer demonstrate…