The Judicial Consideration of Porky Pig

I appreciate that I have not blogged very much in 2021. To say this year has been “busy” in the employment bar might be a touch of an understatement. However, it would appear that notwithstanding the paucity of new posts, some of you are still using this blog as a resource.

In Lamontagne v. J.L. Richards & Associates Limited, 2021 ONSC 2133 (CanLII), the Honourable Justice Pierre E. Roger of the Ontario Superior Court sitting at Ottawa referenced me and one of my oft-used phrases to resolve a perennial favourite question of the employment-law bar – “is this termination provision legal?”

So with reference to the meme above this is a post about a decision which referenced this blog.

Infectious Disease Emergency Leave Does Not Oust Common Law Constructive Dismissal

Does Infectious Disease Emergency Leave under the Employment Standards Act, 2000, S.O. 2000, c.41 oust the common law of constructive dismissal or were employees ostensibly placed on leave actually terminated?

In Coutinho v. Ocular Health Centre Ltd., 2021 ONSC 3076 (CanLII), Justice David A. Broad of the Ontario Superior Court ruled that the regulatory changes did not oust the common law, meaning that employees objecting to be placed on IDEL could still sue for constructive dismissal damages.

Top Three Cases of Importance to Ontario Employment Law - 2020 Edition

Twenty. Twenty. The year of 366 days, countless regulations and public health measures, myriad challenges and changes, but no Olympic games, and very few judicial decisions.

Since 2012, I have posted what I consider to be the “Top Five Cases of Importance to Ontario Employment Law:”

• 2012
• 2013
• 2014
• 2015
• 2016
• 2017
• 2018
• 2019

2020 being what it is – different – I am changing it up. This year, I am only posting the Top Three Decisions of Importance to Ontario Employment Law.

Mandatory Covid Testing Reasonable Exercise of Management Rights

Is an employer policy requiring bi-weekly testing for COVID-19 a reasonable exercise of management rights, or is such a policy an unreasonable infringement on the workers’ rights?

In Caressant Care Nursing & Retirement Homes and Christian Labour Association of Canada (Covid Testing Grievance), Labour Arbitrator Dana Randall found that such a policy was reasonable.

Failure to Follow Covid-19 Directions Cause for Termination

Is an employee’s failure (or blatant refusal) to follow an employer’s directions to protect public health – during a global pandemic – cause for termination of employment?

In Garda Security Screening Inc. v. IAM, District 140 (Shoker Grievance), [2020] O.L.A.A. No. 162, Labour Arbitrator M. Brian Keller had no problem finding that it was.