An employment law blog.
Sean Bawden, Partner, Kelly Santini LLP.
sbawden@kellysantini.com | 613.238.6321
Saturday 24 August 2013
Like a Boss: the Managerial Exception to Overtime Pay under the Ontario Employment Standards Act
Saturday 17 August 2013
Nanny's Failure to Supervise Children Not Just Cause for Termination of Employment
(c) istock/Bicho_raro
In a case sure to surprise some working parents, an Ontario Deputy Judge has ruled that the failure of a nanny to supervise a two-year-old child and a four-and-one-half year old child was not just cause for dismissal.
The case was argued in the Ontario Small Claims Court, with the threshold issue being whether the employer parents had just cause for dismissal. In finding that the parents did not have just cause, Deputy Judge Z. Jack C. Prattas held that there was conflicting evidence on the critical point of whether the children were being properly supervised. Deputy Judge Prattas's reasons for decision can be found on CanLII at: Pascua v Khul-Schachter, 2013 CanLII 47860.
Wednesday 7 August 2013
What is a Poisoned Workplace?
Sunday 28 July 2013
Intention Not a Requirement for Discrimination
As recently affirmed by the Court of Appeal for Ontario in the case of Peel Law Association v. Pieters, 2013 ONCA 396, the answer is no.
Wednesday 17 July 2013
Do I Have to Accept Salary Continuance as Part of my Severance Package?
There is no shortage of ways to structure a severance package. A common way for employers to attempt to terminate an employee's employment, while keeping cash flow in check, is to provide the dismissed employee with "salary continuance," i.e. payment of salary over a period of time, rather than paying the employee a lump sum. A question that I am often asked is, can the employer legally require the employee to accept salary continuance?
Like most of the answers in our series Answers to Common Questions, the answer is "it depends"
Saturday 13 July 2013
Can You Be Fired For a Good Deed?
The story has received much media attention. On Thursday, a story appeared in the Ottawa Citizen in which former Wal-Mart employee Carla Cheney alleged that she was fired for confronting a customer after witnessing him lock his Newfoundlander in his car. (Story here: Wal-Mart worker says she was fired for confronting customer over dog locked in car.) According to Environment Canada, temperatures measured at the Ottawa airport for the day on which she confronted the customer ranged from a low of 16.2 degrees at 11:00 PM to a high of 23.4 at 2:00 PM.
In a follow-up story in the same paper, Wal-Mart says employee wasn't fired for trying to help dog, it was reported that Wal-Mart denied, via a Facebook post, that Cheney was fired for trying to help the dog. Wal-Mart declined to say why she was fired, however, citing respect for Cheney and privacy concerns.
The questions some have asked are: "Is this legal?" "Is this allowed?" "Is this just cause?" and "Is this right?" Allow me to muse.
Wednesday 10 July 2013
If I Reject a Severance Offer Does it Mean I Get Nothing?
(c) istock/pixelheadphoto
If you get fired and your employer offers a severance package what happens if you think, or are told, that the package is not fair or reasonable? The short answer is that you should advise your employer that you are rejecting their offer and want to be paid more. But, as I am often asked, does that mean that the employee may end up getting nothing?
The answer to the question, "If an employee rejects a severance offer will he or she get nothing?", is almost certainly "no."