Business
Will the detonator be set?
If and when the deemed IDEL ends it will be a game changer for employers, employees, and the courts in Ontario, as the detonator…
Sheryl Johnson
Business
A sign of the times?
Two recent divergent decisions regarding Alectra Utilities’ and FCA Canada’s ability to uphold mandatory vaccination policies in the workplace underscore the need for organizations…
Business
A cautionary tale: why not to allege fraudulent mitigation activities without proof
As a recent Ontario case involving a terminated dental hygienist demonstrates, employers that wish to put forth fraud allegations must provide incontrovertible evidence of…
Business
Employees’ duty to mitigate during a pandemic: law unchanged
Photo credit: Getty Images/Ryan Fletcher The case of Okano v. Cathay Pacific Airways (2022 BCSC 881) confirms that the negative impact of COVID-19…
Business
To be or not to be a case of constructive dismissal: that remains the question
A recent Court of Appeal case involving a laid off Tim Hortons assistant manager failed to shed new light on whether pandemic-related layoffs or…
Business
Getting ‘schooled’ in responding to requests for exemptions to mandatory vaccination policies
Establishing a framework for similar scenarios in the future, the Ontario Superior Court recently dismissed a judicial review application challenging the implementation of McMaster…
Business
Turning the other cheek
A recent Ontario Court of Appeal workplace misconduct case involving a tap/slap on the buttocks of a female employee by a male manager yields…
Business
Important legislative updates for employers
The recent passing of the Working for Workers Act, 2022 and Pandemic and Emergency Preparedness Act, 2022 means certain Ontario employers will have to…
Business
Charter does not protect individuals from economic consequences of their workplace decisions
On Mar. 22, 2022, an Ontario arbitrator upheld the Toronto District School Board’s mandatory vaccination policy, maintaining it did not infringe section 7 of…
Business
Tech-related amendments to the Employment Standards Act and what they mean for employers
One change involves disclosure requirements around electronic monitoring of employees. Photo credit: Pexels/Thirdman As I have previously noted, the pandemic has had a significant…