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
- July 20, 2021
- 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
- May 20, 2021
- 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
- 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
- December 22, 2016
- Comments Off on Farewell Thoughts from Bakerlaw’s Intern from Denmark
This fall, bakerlaw hosted Hiba Chanchiri, an intern from Denmark. She shared with us some reflections of her experience:
This autumn, I had the opportunity to intern with bakerlaw and explore Canadian law through the many cases I got to work on. » Read the rest
- April 18, 2016
- Comments Off on Restaurant Tipping-Emily Shepard Weighs In
Bakerlaw’s Emily Shepard was recently cited in an article that covers restaurant tipping and changes being made to how owners in the Toronto restaurant industry are compensating their employees. Emily comments on the importance of Bill 12: Protecting Employees’ Tips Act and the legal protection the Act will offer. » Read the rest
- December 7, 2015
- Kimberly Srivastava
- Comments Off on The Relationship between Employers and Insurers in Disability Accommodations
Recently, bakerlaw has come across the issue of the relationship between employers and insurers in regards to disability claims and accommodation. It is well established that an employer bears the duty to accommodate the disability-related needs of an employee. In these cases, the issues between the insurer and employer can be kept separate and distinct. » Read the rest
- October 14, 2015
- Comments Off on Age Discrimination in Employment in the Post Mandatory Retirement Era
On October 16, 2015, David Baker will be speaking at the Toronto Reference Library on age discrimination in employment in the post-mandatory retirement era.
The event is free and will be from 1 – 2 pm in the Beeton Auditorium at the Toronto Reference Library (789 Yonge Street). » Read the rest
- September 16, 2015
- Comments Off on “Reinstatement in relation to a disability which is highly stigmatized”
A recent ruling from the Manitoba Human Rights Commission has set an “important precedent – reinstatement in relation to a disability which is highly stigmatized,” according to David Baker.
The Commission ruled that the worker in question, who was fired three years ago for her alcohol addiction, was discriminated against because her alcohol addiction did qualify as a disability, and this “alcohol-related disability” was a factor in the employer’s adverse treatment of her, including her termination. » Read the rest
- November 6, 2013
- Comments Off on Family Responsibilities are Human Rights
Toronto, ON, November 6, 2013 – Bakerlaw strongly believes it is discriminatory to refuse to accommodate persons with bona fide responsibilities for the care of family members. We are pleased to be at the forefront of championing the rights of caregivers, a group who has suffered in silence for too long. » Read the rest