Sunday, 25 November 2012

Poorly Drafted Employment Agreement Proves Costly

If a termination provision in an employment agreement does not technically violate the provisions of the Employment Standards Act at the time of termination, but has the potential to do so at other times, is it still enforceable? “No” says the Ontario Superior Court of Justice.

Sunday, 18 November 2012

Lying to Obtain Insurance Benefits Just Cause for Dismissal

Is fabricating claims for certain health benefits and then lying about their fabrication “just cause” for dismissal from employment? In the case of Mykki Cavic v. Costco wholesale Canada Limited, 2012 ONSC 5307 (CanLII) the Honourable Justice Carole Brown of the Ontario Superior Court of Justice, answered “yes” to that question.

Saturday, 17 November 2012

Exclusion Clause Insulates Against Tort Claims

Can a limitation of wrongful dismissal damages clause in an employment agreement insulate individual employees from personal liability at the time of dismissal? "Yes" says the Court of Appeal for Ontario.

Tuesday, 13 November 2012

The $2.5 Million Dollar Question

Not every employee who finds him or herself suddenly unemployed is entitled to severance pay in Ontario. Although almost all employees are entitled to “notice” of termination (employees on probation may not be entitled to notice, on this point see Probationary Periods and Notice,) significantly fewer are entitled to “severance.” (For a summary of what “notice” of termination entails, and wrongful dismissal generally see What is Wrongful Dismissal?)

Sunday, 11 November 2012

Claims to the WSIB for Mental Stress and Workplace Harassment

Can an Ontario worker make a claim to the Ontario Workplace Safety and Insurance Board (WSIB) for benefits when the cause of injury is mental stress?

Saturday, 10 November 2012

Federal Court orders Violator of Canadian Human Rights Tribunal Order to Jail

According to reports in the November 8th edition of the Ottawa Citizen, “The Federal Court of Canada has sentenced a notorious white supremacist to 30 days in jail for ignoring an order issued by the Canadian Human Rights Tribunal.”

The report goes on to note that, “This week’s contempt sentence… is believed to be the first time a Canadian court has ordered someone jailed for flouting a tribunal order in an Internet hate case.”