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Keeping abreast of legal developments is a fundamental responsibility of any professional. This Journal will share information and thoughts on a broad range of workplace issues and developments.
How Does HR Work with their Lawyers?
I was reading an article over the weekend from the June 17, 2013 issue of Canadian HR Reporter entitled HR, Lawyers Work Hand in Hand. The headline provided “1 in 4 HR pros consider legal team a strategic partner”. For my part I don't equate 1/4 as being "hand in hand". While I recognize that the article is dated, and the numbers may not be accurate, I suspect that they're pretty close. In [...]
What is Abandonment of a Position?
I often get questions about “abandonment” of employment/work. The Ontario Divisional Court in an appeal considered this in Sutherland v. Messengers International, 2018 ONSC 2703 (CanLII). The issues on appeal were: Did the Appellant had abandoned his job; and Was he an employee such that he is entitled to damages for wrongful dismissal and loss of vacation pay. Specifically, was he an independent contractor or employee. The trial judge held that he’d abandoned [...]
Limits on the Duty to Accommodate
The Human Rights Tribunal of Ontario dismissed an application under the Human Rights Code in Danso v. Maximum Seafood, 2018 HRTO 486 (CanLII). The case involved an allegation that the employer had breached its duty to accommodate the applicant to the point of undue hardship under the Code. The applicant alleges that after several weeks of doing regular duties his condition worsened. The applicant provided a medical report to the employer and in [...]
Another Termination Clause Bites the Dust
On the unenforceable side of the contractual termination clause ledger we can add King v DST Systems Inc., 2018 ONSC 533 (CanLII). In this case the plaintiff was terminated, without just cause, on June 8, 2016. He was 50 years of age at the time and was employed as the Vice President, Head of Operations in Canada and had been employed for 22 months. He earned an annual base salary of $212,400, benefits, [...]
Request for List of Employees – Application Dismissed
I’ve been writing a lot about section 6.1 of the Labour Relations Act, 1995 (“LRA”) which came into force on January 1, 2018 as a result of Bill 148, Fair Workplaces, Better Jobs Act, 2017. Section 6.1 lays out a process where the union can apply to the Ontario Labour Relations Board (“OLRB”) for an order directing the employer to provide the union a list of employees in a bargaining unit that the [...]
Just Cause, Proving your Case and Marijuana
The employer bears the onus of proving just cause. In other words, the employer must prove, on a balance of probabilities, that the employee engaged in misconduct and that this amounts to just cause for the imposition of some sort of discipline. Where the employer can’t prove the misconduct, it’s game over. The recent case of Bombardier Transportation (Thunder Bay Plant) 2018 CanLII 25604 is a case in point. Two employees were terminated [...]