Tuesday, 2 April 2013

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?

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.”

Monday, 25 March 2013

$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.

Saturday, 23 March 2013

Privacy Rights and the WSIB


Can an employer of a worker receiving WSIB benefits obtain access to that worker's personal information and medical records?

In a case decided earlier this year by the Ontario Divisional Court, Lambton Kent District School Board v. Workplace Safety and Insurance Board, 2013 ONSC 839 (CanLII), the answer would appear to be not unless the worker consents.