Journal 2017-08-18T13:42:59+00:00


Otherwise known as
Michael’s soapbox

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.

Marijuana and the Workplace

January 12, 2018|

In April 2017, the federal government introduced legislation to legalize and regulate recreational cannabis in Canada by July 2018.  Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts (“Cannabis Act”) is making its way through the Parliamentary process. Once the Cannabis Act  comes into force, Canadians will be able to access marijuana for recreational use – not just for medicinal purposes. [...]

2018 Starts Off with Another Termination Clause Case

January 9, 2018|

On January 8, 2018 the Ontario Court of Appeal released its much anticipated decision in Nemeth v. Hatch Ltd.  This was an appeal of a summary judgment motion in Nemeth v Hatch Ltd., 2017 ONSC 1356 (CanLII) where the court found that the following clause was enforceable and served to displace the common law presumption of reasonable notice: The Company’s policy with respect to termination is that employment may be terminated by either [...]

Reference Giving and Defamation

December 20, 2017|

There is a lot of misinformation out there about giving references.  The issue arises where the former employer receives a call from a prospective employer (or their agent) looking for a reference with respect to a prospective employee. The most recent word on this topic comes from Kanak v Riggin, 2017 CanLII 30156 (ON SC) a case in which the plaintiff “took issue with her former manager … about what he said during [...]

Anticipatory Termination of Employment Proves Costly

December 7, 2017|

In my 25 years of practice I can count on one hand the number of times that I’ve been called for advice in circumstances where an employer extends an offer of employment to a prospective employee and then, prior to the start date, the employer decides to retract or withdraw the offer. Seeing as how the individual hasn’t commenced employment, what are the consequences associated with doing this? The Supreme Court of British [...]

Should You Terminate Before of After the Holidays – That is the Question

December 6, 2017|

At this time of year we often hear that it is “better to give than receive”. Human Resources professionals are well aware of the fact that the holidays present unique challenges when terminating employees. I was listening to a radio show recently and the host was inquiring about whether it was “better” to terminate an employee before or after the holidays. As might be expected, callers differed in their opinions. The reality is [...]

Employment Standards Officers and the Human Rights Code

November 14, 2017|

Employees will sometimes seek remedies in multiple forums - for example under the Employment Standards Act, 2000 before a employment standards officer (“ESO”) or at the Ontario Labour Relations Board (“OLRB”) and before the Human Rights Tribunal of Ontario (“HRTO”) under the Human Rights Code (“Code”). Policy favours finality and employers faced with a situation where an employee pursues claims in several forum might argue that this is prohibited as, among other things, [...]

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