Do employers owe a duty to accommodate parents returning
from parental leave?
An employment law blog.
Sean Bawden, Partner, Kelly Santini LLP.
sbawden@kellysantini.com | 613.238.6321
Saturday 5 January 2013
Tuesday 1 January 2013
School District Learns Lesson in Accommodation
The duty to accommodate can be one of the most frustrating
and confusing issues for employers. The Supreme Court of Canada’s recent
decision, Moore v. British Columbia (Education), 2012 SCC 61 (CanLII) offers some
guidance on scope of the duty to accommodate, particularly where that
accommodation comes at a significant cost.
Too Attractive for Employment
Can you legally fire an employee for being ‘too attractive?’
If you’re an employer in Iowa it would appear that the answer is yes.
Following on the heels of Debrahlee Lorenzana and Lauren Odes,
Melissa Nelson becomes the latest victim of being “too attractive” for
employment.
Friday 28 December 2012
Top Five Cases of Importance to Ontario Employment Lawyers
December is often a month for list making, whether it be
gifts one wants from Santa Claus (yours truly very nerdishly celebrated his
receipt of an original copy of the 1960 Ontario Weekly Notes earlier this
month), or Top X lists of Y things. In the spirit of the latter, here are my
Top Five Cases of Importance to Ontario Employment Lawyers.
Sunday 23 December 2012
Right to a Fair Opportunity on Probation
Christmas is time where some industries, such as retail,
become exceptionally busy. In order to meet customer demand employers take on
extra, seasonal staff. While some employers are upfront about the nature of
the employment relationship, others inform potential employees that they will
be employed on a trial, or "probationary" basis, and if things ‘work out’ they
may be hired on full-time.
This blog has previously considered the issue of what it
means to be on a “probationary period” at Ontario law in the post Probationary Periods and Notice .
This post will look at employers’ rights to terminate employees on probation
and employees’ rights to be afforded a fair opportunity to demonstrate their
talents.
Monday 17 December 2012
Was Clark Griswold Constructively Dismissed?
Here is a Christmas question: Was Clark Griswold constructively dismissed by his employer in National Lampoon’s Christmas Vacation? Watching the movie I was struck by two things: (1) how and why did I ever find this movie funny; and (2) this is a movie about constructive dismissal!
Wednesday 5 December 2012
ONCA puts Dent in Dentist's Business
How enforceable is a non-solicitation agreement in an
Ontario employment contract? According to a decision released earlier today by the
Court of Appeal for Ontario, Smilecorp Inc. v. Pesin, 2012 ONCA 853,
sometimes the answer is “very enforceable.”
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