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Decoding Resignation in Ontario’s Employment Law

The concept of resignation in employment law is often more complex than it appears. A pivotal case that sheds light on this intricacy is Johal v Simmons da Silva LLP,…

Court Rules Employees Can’t Sue for Harassment in the Workplace

The Ontario Court of Appeal (ONCA) recently narrowed the legal remedies available to employees experiencing harassment at work by rejecting an independent common law tort of harassment in Merrifield v.…

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…

Canadian Human Rights Act Expands to Include ‘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…

Employees on Disability Leave Must Receive Pay in Lieu of Notice

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…

Ontario Court Allows Employees to Sue for Workplace Harassment While Employed

The Ontario Superior Court has recently ruled that employees can bring an independent civil action in relation to workplace harassment that is unrelated to another legal right or protection. Until…

To Pay or Not to Pay: The Developing Law on Termination Provisions

As employers in Canada know, and unlike many states in the United States of America, Canadian employment is not “at will”. When an employer terminates the employee here, the employee…

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…

Sexual Harassment Leads to Multiple Heads of Damages

Employers can be held liable for significant damages relating to sexual harassment.  A recent case from the Ontario Court of Appeal – Doyle v Zochem Inc (2017 ONCA 130) – is…