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Termination Clauses and Constructive Dismissal Claims

February 21, 2018 | No Comments

When an employer unilaterally changes an essential term of the employment contract, the only remedy in employment law would be for an employee to claim constructive dismissal. What this means is that the employer imposed … Read More

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Unjust Dismissal and Adjudication Under the Canada Labour Code

Unjust Dismissal and Adjudication Under the Canada Labour Code

February 21, 2018 | No Comments

Just cause may be established by a progressive discipline (verbal warning, written warning and then termination, for example), or for a single incident of misconduct. For a single act, the misconduct must cause a fundamental … Read More

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Vote for Whitten & Lublin!

Vote for Whitten & Lublin!

February 20, 2018 | No Comments

Whitten & Lublin PC is honoured to be nominated again for the Canadian HR Reporter’s 2018 Readers’ Choice Awards! To help us be the best service provider for Employment and Labour Law, for the 3rd … Read More

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Workplace Harassment and Intentional Infliction of Nervous Shock Damages

Workplace Harassment and Intentional Infliction of Nervous Shock Damages

February 16, 2018 | No Comments

When claiming the tort of intentional infliction of nervous shock against an individual, it must be proven that the act was intentional and that there was mental and/or physical suffering. It does not matter, however, … Read More

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Intoxication at Work: Is this cause for dismissal?

Intoxication at Work: Is this cause for dismissal?

February 9, 2018 | No Comments

Generally speaking, courts have been more sympathetic towards employees dismissed for intoxication; this is due to human rights tribunals viewing drug and alcohol addiction as a disability protected by prohibited grounds of discrimination under human … Read More

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Multi-National Company in Various Jurisdictions: Which Employment Laws Apply?

February 9, 2018 | No Comments

When a company has more than one location in jurisdictions with different employment legislation, typically the jurisdiction in which a particular employee works will also be the law that applies to their employment contract. This … Read More

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Workplace Harassment In Ontario -How is it Defined?

Workplace Harassment In Ontario -How is it Defined?

February 8, 2018 | No Comments

Under Ontario Health and Safety legislation, harassment in the workplace is defined as “engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to … Read More

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Can Just Cause for Termination Be Relied Upon After Dismissal?

January 31, 2018 | No Comments

Just cause means that an employee has engaged in misconduct so severe that the employer can choose to immediately terminate the employee. When an employer dismisses an employee for ‘just cause’, the employee is not … Read More

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All Employees Must Receive the New Employment Standards Poster

All Employees Must Receive the New Employment Standards Poster

January 26, 2018 | No Comments

All employees in Ontario who are covered by the Employment Standards Act, 2000 (the “ESA”) must receive a copy of the one-page Ministry of Labour poster entitled “Employment Standards in Ontario” from their employer within 30 … Read More

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The Right to Refuse Unsafe Work: Fear of Violence

The Right to Refuse Unsafe Work: Fear of Violence

January 23, 2018 | No Comments

Under Ontario Health and Safety legislation, employees have a right to refuse work they reasonably believe to be unsafe. This includes the right to refuse unsafe work on the basis of violence. The act of … Read More

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