An employment law blog.
Sean Bawden, Partner, Kelly Santini LLP.
sbawden@kellysantini.com | 613.238.6321
Wednesday 5 December 2012
ONCA puts Dent in Dentist's Business
Sunday 2 December 2012
Is Having an Affair Just Cause?
Is having an affair at work "just cause" for dismissal from employment under Ontario's labour and employment laws?
The question was put to me by a colleague at the time of the David Petraeus scandal, and my initial impression was ‘likely only if precluded by an employee code of conduct, or something similar.’ The case of Reichard v. Kuntz, 2011 ONSC 7460 (CanLII), decided in December of 2011, provides some insight into the topic.
Sunday 25 November 2012
Poorly Drafted Employment Agreement Proves Costly
If a termination provision in an employment agreement does not technically violate the provisions of the Employment Standards Act at the time of termination, but has the potential to do so at other times, is it still enforceable? “No” says the Ontario Superior Court of Justice.
Sunday 18 November 2012
Lying to Obtain Insurance Benefits Just Cause for Dismissal
Is fabricating claims for certain health benefits and then lying about their fabrication “just cause” for dismissal from employment? In the case of Mykki Cavic v. Costco wholesale Canada Limited, 2012 ONSC 5307 (CanLII) the Honourable Justice Carole Brown of the Ontario Superior Court of Justice, answered “yes” to that question.
Saturday 17 November 2012
Exclusion Clause Insulates Against Tort Claims
Tuesday 13 November 2012
The $2.5 Million Dollar Question
Sunday 11 November 2012
Claims to the WSIB for Mental Stress and Workplace Harassment
Can an Ontario worker make a claim to the Ontario Workplace Safety and Insurance Board (WSIB) for benefits when the cause of injury is mental stress?