One evolving issue in the new hybrid or remote workplace is the balance between privacy and the employer’s obligation to keep workers…
In a recent decision from Arbitrator Larry Steinberg – Iron Forming Inc. v Labourers’ International Union of North America, Local 183 –…
The Court of Appeal’s decision in Pham v. Qualified Metal Fabricators Ltd., confirms that an employee who has seemingly acquiesced to a…
An employee who has been wrongfully dismissed from their employment has a duty to mitigate their damages by making reasonable efforts to…
On May 3, 2023, the Canadian Parliament passed Bill S-211, the Fighting Against Forced Labour and Child Labour in Supply Chains Act…
Healthcare Related Cases of Interest a) Independent Assessment Committee: an arbitrator has no jurisdiction to declare Local Health Integration Networks are common…
COVID-19 Related Cases of Interest a) Mandatory Vaccinations: The Hospital’s decision to treat non-compliance with its vaccination policy as disciplinable misconduct and…
On April 26, 2023, Arbitrator Robert Herman issued his much-anticipated decision regarding mandatory vaccinations and hospital employees. This is the first Ontario…
As we previously described in our February Case Law Update, summary dismissal for just cause requires employees to engage in misconduct that…
Workplace investigations are now ubiquitous for Ontario employers. It is not surprising that litigation about the investigation process is increasing. In this…
On March 13, 2023, the Ontario government announced that in response to the rise of remote workers and a changing economy, it…
Effective employment contracts include termination clauses that set out an employee’s entitlements upon termination of employment. These clauses are vulnerable to attack…
