Increase in litigation by employers against former employees
In reviewing the cases that come along through the various reporting services, my subjective impression is that there appears to be an increase in litigation by employers against former employees....
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What’s an Anton Piller order? You’d better know before you face one
Picture the following situation: it’s a normal workday, when suddenly, a large group of people enter your premises. Many of them are wearing uniforms of the Sheriff’s Office. They are led by a lawyer...
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What’s reasonable when assessing an employee’s fitness to return to work?
When an employee refused to disclose any medical details prior to returning to work following a leave of absence due to mental disability, the employer was left without the necessary knowledge to...
View ArticleFive steps to effective internal investigations
How often do you undertake an internal investigation? In an environment where employers are under increasingly strict obligations to investigate workplace incidents over an increasing number of issues,...
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Lack of facts doesn’t keep a good judge down
Image: photostock | FreeDigitalPhotos.net In a recent decision from the Alberta Court of Queen’s Bench, the judge considered the rights of an employer to claim compensation for an employee who had...
View ArticleSlaw: Saskatchewan employer successful in enforcing non-compete clause
Written with Christina Catenacci LL.B. The Queen’s Bench for Saskatchewan just granted an injunction restraining a former employee from competing against his former employer, soliciting the employer’s...
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Supervisor circulated pornography, damaged employment relationship,...
When a workplace supervisor accessed pornographic, racist and other inappropriate material via a work computer and circulated it to employees and employer contacts, the employer had just cause to...
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The latest Ontario defeat for non-competition covenants
Readers of this blog have read of the difficulty encountered by employers in Ontario in drafting and enforcing non-competition covenants. The obstacles to enforcing such covenants were highlighted in a...
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Privacy class action to proceed
Canada will see its first class action lawsuit based on the new tort of invading another’s privacy, after a Bank of Nova Scotia employee leaked customers’ personal information to his girlfriend for...
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The end of accommodation? Frustration of the employment contract as a last...
One of the goals of legislation such as the Accessibility for Ontarians with Disabilities Act (“AODA”) and the Human Rights Code (the “Code”) is to promote accessibility and accommodation in various...
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Is it work-related? Novel workers’ compensation decisions deal with...
It may seem fairly obvious when a worker breaks her leg “in the course of employment”. However, injuries and illnesses related to bullying and harassment have drawn significant attention in recent...
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Three popular articles this week on HRinfodesk
Articles may require log in credentials to HRinfodesk. Employment law changes coming: $15 minimum wage and more The Ontario Ministry of Labour is currently reviewing recommendations under Ontario’s...
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Ontario considers big changes to Employment Standards Act and Labour...
For the first time in over 20 years, the Province of Ontario has commissioned an independent report to review both the Employment Standards Act and the Labour Relations Act. The CBC reported on May 12,...
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Victoria Day, public (statutory) holiday in Canada
In Canada, Monday, May 22, 2017 is recognized as a public (statutory) holiday known as Victoria Day, except in the Atlantic provinces (New Brunswick, Newfoundland and Labrador, Nova Scotia and Prince...
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Health record snooping nets hefty fine
In a recent case out of Goderich, Ontario a $20,000 fine, the highest of its kind in Canada, was handed out for a health privacy violation. Between September 9, 2014 and March 5, 2015, a Masters of...
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The “G” word: Brooks v. Total Credit Recovery Limited
Brooks v. Total Credit Recovery Limited, a decision from the Human Rights Tribunal of Ontario examined words, their etymology, and their impact in the workplace. Background On September 7, 2010, the...
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Changing Workplaces Review final report: Sweeping changes to Ontario...
Ontario Ministry of LabourOn May 23, 2017, the Government of Ontario released the Changing Workplaces Review final report by authors C. Michael Mitchell and John C. Murray. It contains 173...
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Update on Express Entry
Since Express Entry began on January 1, 2015, it has been necessary for prospective permanent residents to first receive an Invitation to Apply (“ITA”) before submitting an application for permanent...
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Medical marijuana: A high cost to employers? #learnthelatest
A recent case from Nova Scotia illustrates that as laws and social attitudes concerning marijuana change, employers may be burdened with previously unexpected costs. As Canada moves toward...
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People analytics at work: Achieving objectives and realizing outcomes
In this week’s blog, we’re taking a look at the first and most critical step in kickstarting your analytics journey to bring value to your business—identifying and prioritizing your business...
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