A provocative question was asked this week: does an employer owe its employees a duty to remain
profitable? That was the question that the Honourable Justice Edward Morgan of the Ontario Superior Court of Justice was
asked to answer in the recently decided case of Lochran v. Duro-Test Canada Co., 2013 ONSC 706 (CanLII).
Justice Morgan’s answer was no, it does not.
An employment law blog.
Sean Bawden, Partner, Kelly Santini LLP.
sbawden@kellysantini.com | 613.238.6321
Saturday 2 February 2013
Friday 1 February 2013
Breaking Cardinal Rule Not Just Cause
The opening words of the trial judge’s reasons for decision
in Plester v. Polyone Canada Inc., 2011 ONSC 6068 (CanLII), affirmed by the
Court of Appeal for Ontario earlier this week (2013 ONCA 47 (CanLII)) might leave some
employers with the impression that the case would be one where the court would
find just cause for dismissal: “Mr. Plester made a serious mistake at work.” Those
impressions would be mistaken.
In a decision released in late November 2011 and affirmed on
appeal on January 28th of this year, the Honourable Justice Bonnie J.
Wein held that the breaking of an employer’s “Cardinal rule” was not just cause
for dismissal.
Wednesday 23 January 2013
Limitation Period Applicable to a Claim for Indemnification
What is the limitation period applicable to a claim for
indemnification, where the right to indemnification is contained within an
employment contract? According to a recent decision from the Honourable Justice
Heidi Polowin, Canaccord Capital Corporation v. Roscoe, 2012 ONSC 5714 (CanLII), two years from
the date upon which the employer is found liable to a third-party plaintiff.
[EDIT: The Superior Court decision was overturned by the Court of Appeal for Ontario on June 7, 2013. For a summary of that decision see: Employers Must Sue for Indemnification Within Two Years: ONCA.]
The case raises the issue of the rights of third parties and
the ability to add third parties after the expiry of limitation dates,
especially those set out in section 18 of the 2002 Limitations Act.
Saturday 12 January 2013
Being Reprimanded for Having a Disability Stinks
Can you be fired for farting? The question may sound
childish and silly, but the answer can be serious.
Saturday 5 January 2013
Are New Parents Entitled to Accommodation?
Do employers owe a duty to accommodate parents returning
from parental leave?
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.
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