(c) istock/Wavebreakmedia
In Ontario, is harassment recognized as a tort upon which a civil cause of action may be based? Put another way, can you sue for workplace harassment in Ontario?
While this blog has frequently argued that the answer to that question is likely “no”, in the case of Merrifield v The Attorney General, 2017 ONSC 1333, released February 28, 2017, the Honourable Justice Mary E. Vallee of the Ontario Superior Court of Justice said “yes.”
(c) istock/frantic00
How long do you have to start a case for wrongful dismissal in Ontario? Perhaps more importantly, when does the limitation period begin to run for a wrongful dismissal action – at the time notice of termination is received or on the last day worked?
That second question, when does the limitation period begin to run , was answered by the Honourable Justice Kirk W. Munroe of the Ontario Superior Court of Justice in the case of Bailey v Milo-Food & Agricultural Infrastructure & Services Inc., 2017 ONSC 1789 (CanLII).
(c) istock/AtnoYdur
“If a [termination] provision’s application potentially violates the ESA at any date after hiring, it is void.”
In a very short endorsement released by the Court of Appeal for Ontario on April 5, 2017, Covenoho v. Pendylum Ltd., 2017 ONCA 284, Ontario’s top court confirmed what many of Ontario’s employment lawyers having been saying for years now: a poorly drafted employment agreement is going to prove costly.
(c) istock/seriga
On April 1, 2012, I published my first post to what was then called “Sean Bawden’s Law Blog for Suddenly Unemployed.” That was five years and over 330 posts ago. Some things, such as this blog’s title, have changed. Other things, like who is behind the keyboard, have not.
As regular readers of this blog will know, from time-to-time I try to take an introspective look at how we got here. Also, in the spirit of inspiring others to do the same, here is my ‘look behind the curtain’ at what is now Labour Pains.
(c) istock/Jummie
Can an employer breach a rather fundamental element of an employee’s employment contract (to the tune of over $300,000) without triggering a constructive dismissal?
In a decision released March 21, 2017, Chapman v. GPM Investment Management, 2017 ONCA 227, the Court of Appeal for Ontario said “yes.”
