Employment Law

Manitoba Court of Appeal affirms that there is no duty for an employer to investigate before terminating an employee

  • July 21, 2021
  • Daniel Mulroy
  • Comments Off on Manitoba Court of Appeal affirms that there is no duty for an employer to investigate before terminating an employee

A recent Manitoba Court of Appeals case, McCallum v Saputo Dairy Products GP (link) reaffirmed that there is no duty on an employer to investigate before terminating an employee.

The appellant, Patrick McCallum, was a sales representative for the respondent, Saputo Dairy Products GP (“Saputo”).   » Read the rest

Ontario Superior Court Unclear on IDEL Interpretation

  • July 20, 2021
  • BakerLaw
  • Comments Off on Ontario Superior Court Unclear on IDEL Interpretation

The Ontario Superior Court has released its third decision involving whether or not Ontario’s Infectious Disease Emergency Leave Regulation (“IDEL”) under the Employment Standards Act (“ESA”) removes an employee’s right to sue for constructive dismissal at common law. » Read the rest

COVID-19 Temporary Layoffs Can Be Constructive Dismissal

  • May 20, 2021
  • BakerLaw
  • Comments Off on COVID-19 Temporary Layoffs Can Be Constructive Dismissal

On April 16th, 2021, the Superior Court of Ontario held that Ontario’s Infectious Disease Emergency Leave Regulation (IDEL) under the Employment Standards Act does not remove a laid-off employee’s common law right to sue for constructive dismissal.

The IDEL Regulation, which was enacted at the beginning of the COVID-19 pandemic, gave non-unionized employees the right to take unpaid, job-protected, infectious disease emergency leave if they were not performing the duties of their position because of reasons related to COVID-19. » Read the rest

Tribunal Confirms the test for Family status discrimination is no different than for other grounds of discrimination

  • March 30, 2021
  • Anoop Kalsi
  • Comments Off on Tribunal Confirms the test for Family status discrimination is no different than for other grounds of discrimination

Family status discrimination has been a hot issue at the Ontario Human Rights Tribunal, particularly because the test for family status discrimination may not have been as clear as some would hope. Much of the confusion arises as to whether the Federal Court of Appeal decision in Canada (Attorney General) v. » Read the rest

Black Public Servants Allege Discrimination in the Federal Public Service

  • December 11, 2020
  • Khalid Mahdi
  • Comments Off on Black Public Servants Allege Discrimination in the Federal Public Service

CBC News has recently reported on a proposed class-action lawsuit by current and former Black Canadian civil servants alleging discrimination in employment on the basis of race. The lawsuit alleges that Black public servants have been repeatedly overlooked for promotions and subjected to a toxic work environments. » Read the rest

Can You Get Your Bonus If You Are Wrongfully Terminated?

  • November 4, 2020
  • Khalid Mahdi
  • Comments Off on Can You Get Your Bonus If You Are Wrongfully Terminated?

In its recent decision: Matthews v. Ocean Nutrition Canada Limited, 2020 SCC 26 [Matthews], the Supreme Court of Canada confirmed that employees can receive bonuses and other benefits after being dismissed if they are payable during the reasonable notice period and if the contract does not preclude such payments. » Read the rest

Employment barriers for people with disabilities

  • September 29, 2020
  • BakerLaw
  • Comments Off on Employment barriers for people with disabilities

People with disabilities are experiencing difficulties finding and maintaining employment during this pandemic. While these challenges existed prior to the pandemic, jobs are more limited now and this is negatively impacting people with disabilities.

TVO’s Employable Me is a six-part documentary series that explores the growing difficulties experienced by people who have physical disabilities and/or neurological conditions from finding steady employment. » Read the rest

Report from the CHRC: Challenges faced by persons with disabilities in employment

  • August 15, 2019
  • Anoop Kalsi
  • Comments Off on Report from the CHRC: Challenges faced by persons with disabilities in employment

In January 2019, the Canadian Human Rights Commission released a report regarding challenges that persons with disabilities continue to face when looking for work, when seeking workplace accommodations, and when trying to advance in their careers.

You can read this report here (link).

Workplace Mental Stress

  • March 19, 2019
  • BakerLaw
  • Comments Off on Workplace Mental Stress

Work-related chronic mental stress is a diagnosed mental disorder resulting from elements and triggers, or a series of triggers, in their workplace. This is a tough issue, and many workers often struggle to find good advice.

The Occupational Health Clinics for Ontario Workers Inc (OHCOW) has online resources available for individual who are suffering from workplace mental stress. » Read the rest

Age Discrimination in the Workplace

  • December 27, 2018
  • Anoop Kalsi
  • Comments Off on Age Discrimination in the Workplace

A recent Globe and Mail article explored the growing number of human rights complaints involving workplace age discrimination.

Companies cannot fire or refuse to hire an older employee on the basis of age. Yet, they may find a way to make decisions that nonetheless lead to age discrimination. » Read the rest

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