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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.…

Gender Wage Gap and the Proposed Pay Transparency Act

The Ontario government has initiated a public consultation for the proposed Pay Transparency Act (the Act). The Act was initially due to come into force on January 1, 2019, but…

Disability, Pension and Severance Pay

A significant number of employees in Canada receive disability coverage and/or pension payments as a component of their employment benefits.  Disability coverage will often provide the either partial or full…

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…

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…