Court of Appeal Clarifies Test for Condonation of Layoff

If an employee does not immediately object to being laid off, or “furloughed,” does that mean that the employee has agreed to or condoned such action?

In Pham v. Qualified Metal Fabricators Ltd., 2023 ONCA 255 (CanLII), the Court of Appeal for Ontario held that an employer cannot infer consent to a layoff from mere silence.

Report of Workplace Harassment Investigator Shielded by Qualified Privilege

Is the report of an investigator hired to investigate allegations of workplace harassment shielded by the doctrine of qualified privilege?

In Safavi-Naini v. Rubin Thomlinson LLP, 2023 ONCA 86 (CanLII), the Court of Appeal for Ontario confirmed that it is.

Ontario Labour Relations Board Orders Employer to Turn Over Workplace Investigator’s Entire Report to Ministry Inspector

Does an “inspector” appointed by the Ontario Ministry of Labour pursuant to the provisions of Ontario’s Occupational Health and Safety Act have the right to receive and review the entire, unredacted copy of an independent workplace harassment investigator’s report?

In Wal-Mart Canada Logistics ULC v Gail Stewart, 2020 CanLII 2070 (ON LRB), the Ontario Labour Relations Board held that she does.

Labour Board Refuses to Appoint Alternate Workplace Harassment Investigator

Can a worker complaining of workplace harassment who pre-emptively refuses to participate in the resulting investigation because she believes the investigator is unsuitable, ask the Ontario Labour Relations Board to appoint an investigator of the Board’s choosing instead?

In Erin MacKenzie v Orkestra SCS Inc., 2023 CanLII 13891 (ON LRB), the OLRB refused to appoint its own investigator.

Employee Ordered to Repay Employer for “Time Theft”

Can an employee be made to repay her employer for hours for which she was paid but did no actual work?

In Besse v. Reach CPA Inc, 2023 BCCRT 27 (CanLII), the British Columbia Civil Resolution Tribunal said yes.