Workplace Harassment Complaints and Bill 168

Are the changes to Ontario’s Occupational Health and Safety Act really capable of influencing the way we approach workplace harassment cases? For the reasons that follow, I would argue that they are not.

Pregnant Employees are Entitled to Greater Notice of Dismissal

Is a pregnant woman entitled to a greater amount of notice of her dismissal than other employees? Does firing an employee while she is pregnant merit an award of punitive damages?

At least one Ontario Superior Court judge has said yes to both questions.

Written Notice of Termination for Employees off Work May Not Satisfy ESA Requirements

Must an employer provide an employee absent from work (whether for disability reasons or on account of maternity leave) with actual cash in lieu of notice, or is written notice of termination sufficient?

In a blog post earlier today on the Employers’ Edge it was reported that:

A recent decision of Arbitrator Randy Levinson found that the Employment Standards Act, 2000 (“ESA”) does not require an employer to pay termination pay to disabled employees if the employer wishes to provide written notice of termination instead.  In Quality Meat Packers Limited and the United Food and Commercial Workers Canada, Local 175 (as yet unreported), Arbitrator Levinson based his decision on the fact that the disabled employees did not provide any services to the employer and were therefore not entitled to any compensation.

For the reasons that follow I find myself at odds with that decision.

I quit! ... Just kidding!

Can you ‘joke’ about quitting your job? Yesterday was April Fools' Day. It also saw embattled Senator Patrick Brazeau tweet “I will step down from my position!” Later adding “Official annoucement tomorrow at 10am.” He was kidding.

But, the question remains, can 'regular' working people joke about quitting?

Termination Provisions in Contract Unenforceable Without Continuation of Benefits

In a decision released in October 2011, Stevens v. Sifton Properties Ltd., 2012 ONSC 5508 (CanLII), the Honourable Justice Ian F. Leach held that where an employment contract failed to provide for the continuation of benefits throughout the applicable notice period - even though the employer actually maintained the benefits throughout the notice period - the contractual provision was of no force or effect.

Application Seeking Declaration of No Improper Doing in Firing of Employee on Maternity Leave Declared Abuse of Process

Is the Human Rights Tribunal of Ontario (“HRTO”) an appropriate body to decide whether a woman was fired for “legitimate business reasons”? According to a decision from the Ontario Superior Court of Justice, Power Tax v. Millar, DioGuardi, 2013 ONSC 135 (CanLII) the answer is, “of course.”

$300,000 in Exceptional Damages Awarded for Denied LTD Benefits Claim

An Ontario judge has ordered an insurer to pay $100,000 in aggravated damages and $200,000 in punitive damages after finding that the insurer had wrongfully denied its insured long-term disability benefits.

In a decision released March 22, 2013, Fernandes v. Penncorp, 2013 ONSC 1637 (CanLII), the Honourable Justice Peter Hambly ordered Penncord Life Insurance Company to pay the damages to an injured employee.