In an earlier post (You Can’t Do That on the Internet) I canvassed what some Ontario Labour Relations Tribunals have done with respect to online conduct. In a July 2012 decision, Taylor-Baptiste v. Ontario Public Service Employees Union, 2012 HRTO 1393 (CanLII), the Human Rights Tribunal of Ontario weighed in on the issue.
An employment law blog.
Sean Bawden, Partner, Kelly Santini LLP.
sbawden@kellysantini.com | 613.238.6321
Monday 23 July 2012
Tuesday 17 July 2012
Ontario Recognizes Tort of Invasion of Privacy
(c) istock/vchal
When the Court of Appeal for Ontario released its decision in the case of Jones v. Tsige, 2012 ONCA 32 many commented upon how Ontario law had finally recognized the tort of "invasion of personal privacy."
However, saying that the Court of Appeal recognized “the tort” is not entirely accurate. What the Court of Appeal recognized was that there are, in fact, four torts that fall under the umbrella of ‘invasion of privacy.’
Saturday 14 July 2012
The Requirement to Maintain Disability Benefits on Dismissal
As regular readers of this blog may know, I have a certain affinity for the decision of the late Justice Echlin in Brito v. Canac Kitchens, 2011 ONSC 1011 (CanLII), affirmed by the Court of Appeal for Ontario, 2012 ONCA 61.
The reason why the decision in Brito is so important is that Justice Echlin ordered an employer who had provided to its employees a group insurance plan to essentially stand in the disability insurer’s shoes when the employee was dismissed and the employer made no arrangements for the dismissed employee to maintain that insurance coverage beyond the statutory notice period; a decision that cost the employer nearly $200,000 in what was otherwise a modest wrongful dismissal case.
Thursday 12 July 2012
Ontario Human Rights Damages to Dismissed Breast Cancer Employee Affirmed
Sunday 8 July 2012
How Much Time Do You Have to Start a Lawsuit for Wrongful Dismissal in Ontario?
How long do you have to start a claim for wrongful dismissal under Ontario law?
While the default (and safe) answer would be two years from the date of dismissal, a 2010 decision from the Ontario Superior Court demonstrates that that may not always be the case.
Wednesday 4 July 2012
Social Media and the Rule against Solicitation
Careless but not Disentitled
Just cause for termination is a thorny issue. Employers often wish to advance it as a means of reducing (hopefully to nil) their obligations to an employee on termination. However, under Ontario employment law, one can be both dismissed for just cause and entitled to termination pay and severance. A fact, I would respectfully submit, lost on many including most judges unfamiliar with the nuances of Ontario employment law.
The 2011 case of Oosterbosch v. FAG Aerospace Inc., 2011 ONSC 1538 (CanLII) succinctly demonstrates the difference.