Recent decision acts as a reminder to employers

Sreya, September 17, 2018

The Ontario Human Rights Tribunal recently held that it is discriminatory to differentiate against job applicants with valid work-permits, and those candidates who are Canadian citizens or permanent residents. In Haseeb v. Imperial Oil Limited, the employee alleged that Imperial Oil’s policy regarding the need for recent graduates to furnish proof of citizenship or permanent-residence […]

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Corporate Mergers and Restructuring’s May Lead to Constructive Dismissal Claims for Canadian Employees

Christine Krueger, September 13, 2018

The recent decision of Robinson v. H.J. Heinz Company of Canada LP, 2018 ONSC 3424 (“Heinz”) is a reminder that companies need to be cognizant of the effect corporate restructurings or mergers have on its Canadian workforce. A company failing to proactively deal with and plan for a restructuring on its workforce can result in […]

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Rogue decision on extended LTD absences waiting to be appealed?

Brian, July 24, 2018

Typically, employers have not been allowed to terminate employees for frustration of contract (i.e., for being unable to do their job due to a disability), if the employee qualifies for long-term disability benefits. If there’s an LTD plan, an employee being absent due to disability for an extended period of time cannot frustrate the employment […]

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Are Canadian workplaces ready for Cannabis legalization?

Rachel, July 4, 2018

Are Canadian workplaces ready for Cannabis legalization? According to a recent report by the Conference Board of Canada, the answer is no. The report finds that employers are not fully prepared for the impending legalization of Cannabis (effective October 17, 2018). The report reviews survey results and literature on cannabis to identify its potential impact […]

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Orange executives ordered to stand trial over their alleged roles in a wave of staff suicides.

Alison, June 26, 2018

Seven executives who worked for France’s Telecom (which is now Orange) have been ordered to stand trial over their alleged roles in a wave of staff suicides. The executives, ranging from the former heads of the company, human resources, and a deputy CEO, stand accused of engaging in or assisting psychological harassment over the suicides […]

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Significant (and lengthy) interim decision about the automatic elimination of health and dental benefits for those employees who turn 65 years of age.

Alison, June 18, 2018

The Human Rights Tribunal of Ontario (“HRTO”) has issued a significant (and lengthy) interim decision about the automatic elimination of health and dental benefits for those employees who turn 65 years of age. The automatic elimination is permitted by the Human Rights Code in conjunction with the Employment Standards Act (“ESA”). In a case involving […]

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The Ontario Court of Appeal recently endorsed that the duty of good faith doctrine applies to termination decisions.

Sreya, June 18, 2018

The Ontario Court of Appeal recently endorsed that the duty of good faith doctrine applies to termination decisions. In Mohamed v. Information Systems Architects Inc., the Ontario Court of Appeal held that the company breached its duty of good faith when it terminated its relationship with an independent contractor due to the contractor’s previous criminal […]

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