An employment law resource.
Sean Bawden, Partner, Kelly Santini LLP.
sbawden@ottawaemploymentlaw.com | 613.238.6321
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.”
Monday, 25 March 2013
$300,000 in Exceptional Damages Awarded for Denied LTD Benefits Claim
Saturday, 23 March 2013
Privacy Rights and the WSIB
Sunday, 17 March 2013
Are Random Drug and Alcohol Tests Legal?
Saturday, 9 March 2013
How to Tell if an Ontario Worker is a Construction Employee
There are exceptions to every rule. For example, not all workers in Ontario are covered by all aspects of Ontario’s employment laws. Some workers’ rights, for example bank employees and those who work for airlines, are governed by the Canada Labour Code. In other cases, even those who are generally covered by the Ontario Employment Standards Act, 2000 are not covered for all aspects.
One such exemption is with respect to “construction employees.” However, sometimes determining whether a worker is a “construction employee” is more complicated than it may initially appear.