Journal 2019-08-15T07:58:54-04:00


Otherwise known as
Michael’s soapbox

This Journal will share information and thoughts on a broad range of workplace issues and developments.

What is a $2.5 Million Payroll under the Employment Standards Act, 2000?

November 16, 2018|

The Ontario Labour Relations Board (“OLRB”) considered this question in Kastriot Gremi v. International Distribution Network Canada Ltd., 2018 CanLII 107738 (ON LRB).  More to the point, the issue in this case was whether the payroll of employees outside Ontario should be included in the calculation of the payroll under section 64 of the Act.  Subsection 64(1)(b) of the Employment Standards Act, 2000 provides: 64 (1) An employer who severs an employment relationship [...]

Bill 47 Hearing Schedule Announced

November 13, 2018|

On November 1, 2018 during the debates over Bill 147, Making Ontario Open for Business Act, 2018, there was a proposal put forward regarding a consultation process into the Bill.  That was deferred until November 12, 2018. On November 12, 2018 Bill 47 was carried on division at Second Reading.  In addition, the deferred vote took place with the Bill being referred to the Standing Committee on Finance and Economic Affairs who will hold [...]

Reinstating an Employee in a Theft Case

November 12, 2018|

An arbitrator would never reinstate a thief to his or her employment, right?  Most employers would answer that in the negative, however, the answer is "it depends".   The arbitral approach in discipline cases requires that the arbitrator, even in the most serious of cases, consider mitigating circumstances in deciding if the discipline selected by the employer was reasonable and appropriate and whether he or she should substitute a lesser penalty for the one [...]

Fitzgibbon Workplace Law Legal Alert (Volume 1, Issue 11)

November 11, 2018|

Here is the Fitzgibbon Workplace Law, Legal Alert (Volume 1, Issue 11) for your perusal.  The Alert contains the following articles: When is and Employer Required to Investigate? Criticizing Your Employer or Your Boss Your Words Can Come Back to Bite You Fiduciary Duties and Just Cause at the Court of Appeal What is a Resignation and When is it Effective? Probationary Clauses and Inducement in Employment Law Legalization of Recreational Cannabis Frustration [...]

There is no Freestanding Duty to Accommodate

November 9, 2018|

This is worth repeating - there is no free-standing duty to accommodate under the Human Rights Code.  Before the duty to accommodate is triggered the applicant (complainant) must demonstrate a prima facie case of discrimination on a prohibited ground listed in the Code (e.g. disability, sex, creed etc…).  If the applicant can’t prove that he or she was discriminated against on a prohibited ground under the Code, the case will be dismissed.  And [...]

Fitzgibbon Workplace Law, Special Alert

October 24, 2018|

As you will no doubt be aware, the Ontario PC Government released their legislative response to the Liberal governments sweeping amendments to the Employment Standards Act, 2000 and the Labour Relations Act,1995.  Bill 47, Making Ontario Open for Business Act, 2018 was released on October 23, 2018 and, if passed, will repeal many of the Liberal amendments introduced by Bill 148, Fair Workplaces and Better Jobs Act, 2017. Here is a Special Alert with respect to the Bill [...]

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