Journal 2017-08-18T13:42:59-04:00


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.

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 [...]

Fitzgibbon Workplace Law, Legal Alert September 2018

September 20, 2018|

Here is the Fitzgibbon Workplace Law, Legal Alert for September 2018 which includes the following articles: Overtime Under the Employment Standards Act, 2000 New Criminal Record Check Rules Come into Effect on November 1, 2018 Pregnancy Leave, Constructive Dismissal and the Courts Real Estate and Moving Expenses in a Wrongful Dismissal Case Costs and Litigation - Think Hard Before You Go to War and on the Approach You Adopt Reprisal under the Occupational [...]

Reprisal under the Occupational Health and Safety Act

September 10, 2018|

The Ontario Labour Relations Board (“OLRB”) issued a decision on August 30, 2018 in William Joseph Thorogood v North 44 Property Management, 2018 CanLII 8272 in which the OLRB found that a decision to terminate the applicant contravened section 50 of the Occupational Health and Safety Act (“OHSA”) which provides: 50 (1) No employer or person acting on behalf of an employer shall, a)     dismiss or threaten to dismiss a worker; b)     discipline or [...]

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