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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.
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 [...]
Fitzgibbon Workplace Law, Legal Alert, April 2018
Here is the Fitzgibbon Workplace Law, Legal Alert (April 2018). The following articles appear in the Alert: Bonuses and Employment Law the Saga Continues Just Cause is Still the Capital Punishment of Employment Law Constructive Dismissal Cases Remain Tough for Employees Unionized Employers and Civil Claims - a Helpful Reminder Requests for Employee Lists Under the Labour Relations Act, 1995 I hope you find something of value in the Alert [...]
Summary Judgment, Employment Cases and Reasonable Notice
An Ontario Court in the as-yet unreported case of Edmond v. Algonquin College  O.J. No. 1615 recently reiterated that “wrongful dismissal cases are well-suited to summary judgment motions and assist the parties in obtaining affordable access to the civil justice system”. In this case, the employee was 59 years of age, had been employed for about 9 years, as the Manager of Cooperative Education, earning $85,728 a year. She claimed damages for [...]
Obtaining a Stay of an OLRB Decision at the Divisional Court – What’s the Test?
In Canada Bread Company, Limited v. Ontario Labour Relations Board, 2018 ONSC 1399 (CanLII) an employer sought to stay a number of decisions issued by the Ontario Labour Relations Board ("OLRB" or the "Board") in applications for certification. Specifically, the stay was sought with respect to a number of interim decisions such that, if the stay were granted it would, according to the Court, “prevent the Board from continuing to determine five applications [...]
Fitzgibbon Workplace Law, March 2018 Legal Alert
The Fitzgibbon Workplace Law, Legal Alert (March 2018) is out. This edition covers: Court of Appeal Clarifies Bonus Eligibility on Termination Is There a Cap on Common Law Reasonable Notice? Constructive Dismissal Based on Poisoned Workplace I’m Getting Tired of the Contractual Termination Clause Discussion and Here’s Why Do You Have to Provide Job Search Assistance or a Reference Letter? The Scope of Documentary Production at Arbitration Breach of Privacy through Facebook Posts Terminating [...]
New “Equal Pay” Sections of Bill 148 Come into Force on April 1, 2018
Most of the amendments to the Employment Standards Act, 2000 introduced by Bill 148, Fair Workplaces, Better Jobs Act, 2017 came into force on January 1, 2018 or earlier. However, a significant and controversial amendment dealing with "equal pay for equal work" come into force on April 1, 2018, and employers are nervous both about the implications of this amendment and how to deal with it. For decades, the ESA has provided that men and [...]