| Our News |
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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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