Saturday, 29 May 2021

Employee’s Refusal to Work Not Wrongful Dismissal

If an employee leaves work and refuses to return until certain demands have been met, and if the employer is unwilling to meet those demands, has the employee been fired, has she quit, or what happened?

In Anderson v. Total Instant Lawns Ltd., 2021 ONSC 2933 (CanLII), Madam Justice Julianne Parfett of the Ontario Superior Court held that the employee had not been fired; her own actions had repudiated the contract.

Saturday, 22 May 2021

The Judicial Consideration of Porky Pig

I appreciate that I have not blogged very much in 2021. To say this year has been “busy” in the employment bar might be a touch of an understatement. However, it would appear that notwithstanding the paucity of new posts, some of you are still using this blog as a resource.

In Lamontagne v. J.L. Richards & Associates Limited, 2021 ONSC 2133 (CanLII), the Honourable Justice Pierre E. Roger of the Ontario Superior Court sitting at Ottawa referenced me and one of my oft-used phrases to resolve a perennial favourite question of the employment-law bar – “is this termination provision legal?”

So with reference to the meme above this is a post about a decision which referenced this blog.

Saturday, 8 May 2021

Infectious Disease Emergency Leave Does Not Oust Common Law Constructive Dismissal

Does Infectious Disease Emergency Leave under the Employment Standards Act, 2000, S.O. 2000, c.41 oust the common law of constructive dismissal or were employees ostensibly placed on leave actually terminated?

In Coutinho v. Ocular Health Centre Ltd., 2021 ONSC 3076 (CanLII), Justice David A. Broad of the Ontario Superior Court ruled that the regulatory changes did not oust the common law, meaning that employees objecting to be placed on IDEL could still sue for constructive dismissal damages.

Thursday, 31 December 2020

Top Three Cases of Importance to Ontario Employment Law - 2020 Edition

Twenty. Twenty. The year of 366 days, countless regulations and public health measures, myriad challenges and changes, but no Olympic games, and very few judicial decisions.

Since 2012, I have posted what I consider to be the “Top Five Cases of Importance to Ontario Employment Law:”

2020 being what it is – different – I am changing it up. This year, I am only posting the Top Three Decisions of Importance to Ontario Employment Law.

Sunday, 13 December 2020

Mandatory Covid Testing Reasonable Exercise of Management Rights

Is an employer policy requiring bi-weekly testing for COVID-19 a reasonable exercise of management rights, or is such a policy an unreasonable infringement on the workers’ rights?

In Caressant Care Nursing & Retirement Homes and Christian Labour Association of Canada (Covid Testing Grievance), Labour Arbitrator Dana Randall found that such a policy was reasonable.