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Wrongful Dismissal

25th Sep 2018

The #MeToo movement has attracted considerable attention to sexual harassment in the workplace, especially the power dynamics inherent when a superior makes an advance towards a junior employee. Workplace sexual harassment, as defined by the … Read More

10th Sep 2018

Due Diligence is a legal defence against charges under the Health and Safety laws. Due diligence means that an employer has taken every reasonable precaution and measure in the circumstances to prevent or limit the … Read More

26th Apr 2018

Within an employment context, an employer can usually end employment without there being misconduct by the employee by providing notice or payment equal to earnings throughout the notice period. Under the Employment Standards Act, an … Read More

14th Mar 2018

Under the Ontario Human Rights Code, employees that are dismissed as a result of discrimination still have a duty to mitigate losses. Damages will partly be awarded as earnings lost based upon the time needed … Read More

5th Mar 2018

The workplace in Ontario is governed by many pieces of legislation. Without a Human Resource department dedicated to ensuring the workplace is in compliance with all regulations, employers run a risk of violating some simple … Read More

21st Feb 2018

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

9th Feb 2018

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

23rd Jan 2018

Often, discipline in the workplace is seen as punishment. However, discipline in the workplace is not intended to be punitive in most cases. Discipline in the workplace must follow two general guidelines: discipline must be … Read More

12th Jan 2018

In Canada, employers have a duty to accommodate employees to the point of undue hardship if a policy or practice has a discriminatory effect on an employee on the basis of religious beliefs. For instance, … Read More

Question:  I have personal pictures on my work phone as well as personal pic and files on my old work computer.  During my exit interview I informed my employer that I need this data back … Read More