Sunday August 18, 2019
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What is exceptional?

by Sheryl Johnson

While apparently not litigated in Dussault v. Imperial Oil Ltd., [2019] O.J. 2800, discussed in my last article, the Ontario Court of Appeal (OCA) in Dawe v. The Equitable Life Insurance Company of Canada, 2019 ONCA 512 (CanLII) has re-established that absent “exceptional circumstances” there is generally a 24-month cap on reasonable notice periods.
In doing so the OCA overturned and reduced the trial judge’s award of 30 months of reasonable notice to 24 for a 62-year old senior executive with 37 years of service, a person whom under the recent line of cases the trial judge noted would have been awarded 36 months if he asked for it. The court also reversed the recent line of cases that broke through the general 24-month cap that had been in place for decades – and which some touted as demonstrating that the law had evolved to eliminate this general cap.

What happens to employees when a company sells its business but neither party wants to fully take on all of the liabilities associated with the current employees?
This often happens in relation to the reasonable and statutory notice of employees “bag” without the parties truly knowing “who” should be left holding this bag. With long serving and higher-level employees, this bag can be quite hefty.

When “Bob’s your Uncle” isn’t a good thing!

by Sheryl Johnson

As we are aware, family owned and operated businesses involve two or more family members having the majority of ownership and control over a business. Such business likely are the oldest form of business and sources of workplace conflict given the intertwining of work lives, personal lives and family dynamics.

In my article concerning clearing the air on cannabis use in the workplace I outlined in general terms the limits on employers’ duty to accommodate employees’ medical use of cannabis relative to the workplace as being the duty to accommodate “to the point of undue hardship”. This duty is established by the Human Rights Code under the protected ground of disability.
What does this duty of accommodation entail? How do employers establish where the planes of “accommodation” and “the point of undue hardship” intersect? Further, how does this duty intersect with Ontario employers’ general duty to provide to each of their employees a safe work environment free from all recognized hazards under the Occupational Health and Safety Act?

In Ontario employers who either fail to take allegations of violence and harassment seriously or deal with them in good faith, expose themselves to significant legal liability given their multifaceted obligations to employees under the Occupational Health and Safety Act (“OHSA”), the Ontario Human Rights Code and the common law.
Essentially this means that employers who fail to adequately respond to, investigate, prevent or remedy harassment face increasing damage awards and statutory fines on top of exposure to negative PR and brand damage.

Are Your Employment Policies Employment Standards Act Savvy?

by Sheryl Johnson

As of late, one of the most varied pieces of employment legislation in Ontario is the Employment Standards Act (“ESA”). Such ongoing changes have led to a lot of confusion for employers on what their legal obligations are and what their policies and practices should be. This is particularly the case in relation to “Personal Emergency Leave” (PEL) days and the fact that the 2019 amendments to the ESA have reduced rather than increased employee statutory entitlements.

Clearing the Air on Use of Marijuana in the Workplace

by Sheryl Johnson

Notwithstanding that recreational marijuana has been legal in Canada for seven months now and medical cannabis, alcohol and other intoxicants a lot longer, employers still have many fears and misconceptions about how its employees’ use of marijuana both at work and at home may negatively impact their workplaces. This article addresses many of these concerns so as to clear the air on employees use of marijuana as it relates to the workplace as an ounce of prevention equals a pound of cure.

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