An employment law blog.
Sean Bawden, Partner, Kelly Santini LLP.
sbawden@kellysantini.com | 613.238.6321
Sunday 24 February 2013
Small Claims Court Judge’s Wrongful Dismissal Error Results in Redo
Saturday 23 February 2013
Setting Co-Worker on Fire Not Just Cause for Dismissal
(c) istock/leolintang
Is setting your co-worker on fire “just cause” for termination? “No”, says a decision from a British Columbia Labour Arbitrator.
Sunday 10 February 2013
Lack of Concrete Time Limit in Non-Competition Clause Unreasonable
The Court of Appeal for Ontario has ruled that a non-competition and non-solicitation agreement used by a construction company was unenforceable because the applicable time limit was not concrete.
In Martin v. ConCreate USL Limited Partnership, 2013 ONCA 72 (CanLII), released February 5, 2013 the Court of Appeal reversed an earlier Application decision, 2012 ONSC 1840, of the Honourable Justice Paul Perell, who had found the agreements enforceable.
Saturday 9 February 2013
Employers Must Accommodate Parents - What It Means
On January 31st, 2013, a Federal Court judge affirmed a 2010 ruling of the Canadian Human Rights Tribunal that said that employers have a duty to accommodate “childcare obligations” as a component of their duty to accommodate an employee’s “family status.” On May 2, 2014, the Federal Court of Appeal varied the Federal Court’s ruling slightly, but for reasons immaterial to this post. In all other respects the court upheld the decision in favour of Ms. Johnstone.
The facts of the case and the courts’ decisions have left many Canadians, both employees and employers, asking questions about what the decision means for them.
Sunday 3 February 2013
Why Your Organization Needs a Social Media Policy
Imagine, for a moment, the most ridiculous act of self-harm that an individual could do himself. Did you imagine stapling your scrotum to a 4 x 4 wooden plank, and then uploading to YouTube a video of you doing that while wearing your work shirt? Because someone actually did that, and it partially speaks to why your business or organization needs a social media policy.