Latest Posts › Hiring & Firing

Share:

Ontario, Canada Court Confirms Unions Must Challenge Mandatory Vaccination Policies Before Labour Arbitrators Rather than Courts

On November 19, 2021, in Amalgamated Transit Union, Local 113 v. Toronto Transit Commission and National Organized Workers Union v. Sinai Health System, 2021 ONSC 7658 (TTC/Sinai Decision), the Ontario Superior Court...more

Ontario, Canada Court Finds Limitation Period Not Extended When Employee Remains with Employer to Mitigate Damages Following...

In Scott v. Community Living Temiskaming South, 2021 ONSC 5402 (Community Living), the court dismissed an employee’s claim for wrongful dismissal from his unionized position on the ground that it lacked jurisdiction to hear...more

Ontario, Canada Court Awards Employee Longer Reasonable Notice Period Due to Pandemic’s Impact

In Kraft v. Firepower Financial Corp., 2021 ONSC 4962 (Firepower Financial), an employee brought a motion for summary judgment seeking 10 months’ salary in lieu of notice, commissions and bonuses, and holiday and vacation pay...more

Ontario, Canada Court Awards Employee $25,000 in Moral/Aggravated Damages Because Employer Breached Duty of Good Faith and Fair...

In Russell v. The Brick Warehouse LP, 2021 ONSC 4822 (The Brick Warehouse), on a motion for summary judgment in a wrongful dismissal action, the court awarded $25,000 in moral/aggravated damages because the employer breached...more

Ontario, Canada Court Decides Employee Laid Off During COVID-19 May Claim Constructive Dismissal at Common Law

Last May, the government of Ontario filed Ontario Regulation 228/20 (IDEL Regulation) under the Employment Standards Act, 2000 (ESA).  The Regulation provides that an employee in a non-unionized workplace who, any time during...more

Canada’s 2021 Budget Includes Announcements Relevant to Employers

On April 19, 2021, Canada released its 2021 budget.  Budget provisions impacting employers include those that extend certain business support programs implemented in response to COVID-19; expand access to Employment Insurance...more

14 Key Developments in Canadian Labour & Employment Law in 2020

As we entered a new decade in 2020, Canada saw significant developments in labour and employment law, some of which related to COVID-19.  This Insight provides an overview of 14 key 2020 developments, with links to more...more

British Columbia, Canada: Court of Appeal Sets Aside Aggravated Damages Award in Wrongful Dismissal

In Quach v. Mitrux Services Ltd., 2020 BCCA 25 (Quach), the British Columbia Court of Appeal overturned the trial court’s decision to award aggravated damages to an individual whose job was terminated before his employment...more

Ontario, Canada: Superior Court Determines Enforceability of Termination Clause

The Ontario Superior Court recently issued a decision in Sewell v. Provincial Fruit Co. Limited, 2020 ONSC 4406 (Sewell), applying the reasoning set forth in the Ontario Court of Appeal (OCA) decision, Waksdale v. Swegon...more

Government of Ontario, Canada Issues New Regulation Favourable to Employers During the COVID-19 Pandemic

On May 29, 2020, the government of Ontario filed Ontario Regulation 228/20 (Regulation) under the Employment Standards Act, 2000 (ESA).  The Regulation amends layoff and constructive dismissal rules exclusively under the ESA,...more

Ontario, Canada: Court of Appeal Upholds Dismissed Employee’s Right to Damages for Value of Incentives That Would Have Vested...

Whether a wrongfully dismissed employee is entitled to damages as compensation for the value of incentives that would have vested during the reasonable notice period is frequently litigated in Canada....more

Littler Global Guide - Canada - Q4 2019

Ontario: Bill 124, for a Sustainable Public Sector for Future Generations, Enacted - New Legislation Enacted - On November 7, 2019, the Ontario government passed Bill 124, the Protecting a Sustainable Public Sector for...more

15 Key Developments in Canadian Labour & Employment Law in 2019

Canada saw significant developments in labour and employment law in 2019.  As we embark on a new decade, we will undoubtedly see the landscape in this ever-changing area of law continue to evolve....more

Littler Global Guide - Canada - Q3 2019

With some Canada Labour Code (CLC) amendments in Bill C-44, the Budget Implementation Act, 2017, No. 1 (Bill 44) having come into force in 2017 and earlier in 2019, some additional amendments in Bill C-44 came into force as...more

Littler Global Guide - Canada - Q2 2019

Ontario: Amendments to Employment Standards Act and Labour Relations Act - New Legislation Enacted - Bill 66, Restoring Ontario’s Competitiveness Act, 2018, received Royal Assent on April 3, 2019, and amended the...more

Ontario, Canada: A Tale of Violence and Harassment in the Workplace and Judicial Sanctions for an Employer that Handled it Poorly

As employment lawyers that represent management, we invariably counsel our clients that they must treat complaints of harassment in the workplace seriously, and take immediate steps to investigate them.  A recent case,...more

Littler Global Guide - Canada - Q1 2019

Among other things, the Fair Workplaces Better Jobs Act, 2017 (Bill 148) significantly amended Ontario's Employment Standards Act, 2000 (ESA). Most of Bill 148’s ESA amendments came into force in 2018, with the remainder to...more

Littler Global Guide - Canada - Q2 2018

British Columbia Extends Family Leave Policies - New Legislation Enacted - On May 17, 2018, British Columbia amended legislation to give employees in the province pregnancy, parental, and compassionate care leaves. ...more

Ontario, Canada Introduces New Legislation Banning Compensation Questions

The interview process is a time-consuming, planned procedure in which the parties seek to learn as much as possible about each other before determining whether it is a match. In addition to probing the candidate’s...more

Canada: Ontario Superior Court of Justice Finds Against Employee in Negative Job Reference Dispute

In a lawsuit involving both wrongful dismissal and defamation, Canada's Ontario Superior Court of Justice in Papp v. Stokes et al, 2017 ONSC 2357, has ruled that an employer’s negative review of an employee’s attitude during...more

Termination Clause Enforced: Oudin and the Supreme Court of Canada

In Canada, termination clauses in employment agreements are critical tools that allow an employer to avoid providing reasonable notice of termination under the common law.  Each year there are numerous court decisions on this...more

46 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide