An employment law blog.
Sean Bawden, Partner, Kelly Santini LLP.
sbawden@kellysantini.com | 613.238.6321
Friday 28 December 2012
Top Five Cases of Importance to Ontario Employment Lawyers
Sunday 23 December 2012
Right to a Fair Opportunity on Probation
Monday 17 December 2012
Was Clark Griswold Constructively Dismissed?
Here is a Christmas question: Was Clark Griswold constructively dismissed by his employer in National Lampoon’s Christmas Vacation? Watching the movie I was struck by two things: (1) how and why did I ever find this movie funny; and (2) this is a movie about constructive dismissal!
Wednesday 5 December 2012
ONCA puts Dent in Dentist's Business
Sunday 2 December 2012
Is Having an Affair Just Cause?
Is having an affair at work "just cause" for dismissal from employment under Ontario's labour and employment laws?
The question was put to me by a colleague at the time of the David Petraeus scandal, and my initial impression was ‘likely only if precluded by an employee code of conduct, or something similar.’ The case of Reichard v. Kuntz, 2011 ONSC 7460 (CanLII), decided in December of 2011, provides some insight into the topic.
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.