Is the right to be reinstated after pregnancy leave absolutely guaranteed? According to a recent decision from an adjudicator appointed under Part III of the Canada Labour Code, the answer is no.
An employment law blog.
Sean Bawden, Partner, Kelly Santini LLP.
sbawden@kellysantini.com | 613.238.6321
Tuesday 23 April 2013
Saturday 13 April 2013
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.
Saturday 6 April 2013
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.
Thursday 4 April 2013
Written Notice of Termination for Employees off Work May Not Satisfy ESA Requirements
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.
Tuesday 2 April 2013
I quit! ... Just kidding!
Monday 1 April 2013
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.
Wednesday 27 March 2013
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.”