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WHEN IS A MANAGER NOT A MANAGER!
March 29, 2010

Pursuant to the provisions of theEmployment Standards Act, an employer is required to pay an employee overtime pay of at least time and a half for all hours of work

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ONUS ON EMPLOYER TO PROVE FAILURE TO MITIGATE
March 10, 2010

The Ontario Court of Appeal held that an employer, in advancing a defence of failure to mitigate in a wrongful dismissal claim

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ASSISTANCE WITH NEW PROVISIONS OF HEALTH AND SAFETY ACT
March 9, 2010

The Ontario government will be preparing resource material to assist employers in complying with the new provisions of theOntario Health and Safety Act

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EMPLOYERS LIABLE FOR EMPLOYEES ACTIONS ON SOCIAL WEBSITES
March 4, 2010

Recent changes in case law and legislation have raised the prospect of employer liability for the actions of employees on sites such as Twitter, Facebook, and LinkedIn

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IMPACT OF SEXUAL AND PSYCHOLOGICAL HARASSMENT
February 5, 2010

In a recent decision of the Ontario Superior Court of Justice released on December 18, 2009, the court considered a claim for constructive dismissal based on allegations of sexual harassment.

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EMPLOYEES MAY REQUIRE TO GIVE REASONABLE NOTICE OF RESIGNATION
February 3, 2010

In a decision rendered by the Ontario Superior Court of Justice in September 2009, four employees were found liable for damages for wrongful quitting.

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COURT AFFIRMS VALUE OF A PERFORMANCE IMPROVEMENT PLAN
February 2, 2010

In a decision released on February 5, 2010, the Ontario Court of Appeal affirmed a trial decision which dismissed a claim for wrongful dismissal.

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WHEN IS SEXUAL HARASSMENT CAUSE FOR DISMISSAL?
January 4, 2010

The Ontario Human Rights Code, and that of all the other common‑law provinces in Canada, guarantees every employee equal treatment in the workplace

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BONUS ENTITLEMENT IMPORTANT IN WRONGFUL DISMISSAL LITIGATION
December 16, 2009

The entitlement to bonuses has become an increasingly important issue in wrongful dismissal

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THE VIRTUE OF CLARITY
November 13, 2009

In a decision released on August 19, 2009, the Saskatchewan Court of Appeal considered the case of an on-air radio show host

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FEDERAL HUMAN RIGHTS TRIBUNAL REJECTS MANDATORY RETIREMENT
November 12, 2009

In a reversal of its earlier decisions, the Canadian Human Rights Tribunal recently ruled that the provision in the Canadian Human Rights Act

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EMPLOYER’S RIGHT TO CRIMINAL RECORDS CHECKS
November 10, 2009

In a decision released on July 6, 2009, the Ontario Divisional Court considered an arbitrator’s ruling

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CARELESS DRAFTING CAN BE COSTLY
November 9, 2009

In a decision released on October 15, 2009, the Ontario Superior Court of Justice handed an employer a costly lesson

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IS BREACH OF FIDUCIARY DUTY CAUSE FOR
September 23, 2009

The case law in Ontario approved by both the Ontario Court of Appeal, and the Supreme Court of Canada, sets out the considerations to determine whether or not an employer has cause for dismissal...

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GOVERNMENT OF CANADA WORK SHARING
September 22, 2009

The Government of Canada has instituted the Labour Adjustment Program to help employers and employees avoid lay-offs...

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JURISDICTIONAL DISPUTES IN EMPLOYMENT LITIGATION
September 21, 2009

A recent decision of the Ontario Court of Appeal, released on August 4, 2009, deals with the often difficult issue of the selection of the forum between Ontario and various states of the United States...

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EMPLOYERS MAY BE HELD RESPONSIBLE FOR EMPLOYEE CONDUCT
August 20, 2009

Employers May Be Held Responsible for the Conduct of One Employee Toward Another

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BE CAREFUL WHAT YOU POST ON THE INTERNET
August 19, 2009

Parties involved in a lawsuit are required to disclose to each other all relevant documents

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MAJOR CHANGES COMING ON JANUARY 1, 2010
August 18, 2009

Major Changes Coming to the Courts of Justice Act on January 1, 2010

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CLIENT IDENTIFICATION REQUIREMENTS
January 20, 2009

As of December 31, 2008, the Law Society of Upper Canada requires lawyers to “identify” their clients and “verify” their identification.   New or old, when retained by a new or existing client on any file going forward, we are bound by these rules.

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