We are pleased to share a recent Benefits Canada article, “Employers seeking to withhold termination entitlements must prove wilful misconduct pre-planned: Ontario court,” with quotes from George Avraam. A recent Ontario Court of Appeal decision raises the bar for employers seeking to withhold minimum entitlements under the Employment Standards Act from employees dismissed for cause.
Baker McKenzie Advises McMaster University on Challenge to Mandatory Vaccination Policy
Ontario Court of Appeal Outlines a New, More Onerous Version of the ESA’s Wilful Misconduct Standard
In Render v. ThyssenKrupp Elevator (Canada) Limited Group, the Ontario Court of Appeal redefined wilful misconduct under the Employment Standards Act and confirmed the modern day approach to assessing sexual harassment in the workplace.
The Decision
Mark Render was terminated for cause after slapping a female co-worker on her behind. The trial judge found
Canadian Employer Update 2022 Recap (Webinar & Takeaways Checklist)
Our two-part webinar series was designed to bring Canadian in-house counsel and human resources leaders up to speed on the top labour, employment and human rights law developments of 2021 and to prepare them for what’s on the horizon in 2022.
Using our “quick hits” format, we provided two content-rich presentations complete with practical takeaways
Annual Canadian Employer Update: Reflecting on 2021 and Strategizing for 2022 (Webinar)
And we thought 2020 was a doozy! In terms of continuing challenges, unprecedented questions and shifting legal landscapes, 2021 delivered.
Between maintaining business continuity and keeping your workforce safe, we know there’s been little time to track the rapidly changing labour, employment, and human rights law landscape in Canada.
This two-part webinar series is designed
Evidence of Intent Necessary to Find Common Employer Liability
In an encouraging decision for employers, the Ontario Court of Appeal clarified that a corporation is not a common employer just because it “owned, controlled or was affiliated with another corporation that had a direct employment relationship with the employee”. In O’Reilly v. ClearMRI Solutions Ltd., 2021 ONCA 385, the Court affirmed that the
The Future of Work: Renewal Strategies for a Transformed Workforce
Companies are facing critical business challenges in regard to their most important asset – their people. While workforce transformation is not a new concept for global organizations, the pandemic has forced us to rapidly adapt our standard ways of working and how we engage with employees to ensure the long-term viability of the business. We
Canadian Employer Update | Year in Review (January 13 & 20, 2021) – Webinar
2020 has posed unprecedented challenges for Canadian Employers. We know that in addition to keeping your employees safe and maintaining business continuity, it’s a challenge to keep track of all the changes to the employment law landscape in Canada.
These two, 60 minute virtual sessions are designed to help you stay abreast of what changed
Ignorance of Fraud is No Defence: Employer Vicariously Liable for Rogue Employee
We thank Glenn Gibson, John Pirie & Michael Nowina for this post.
In an unreported judgment Pallotta v. Cengarle, Court file CV-16-56337 released on February 27, 2020, Faieta J. found real estate lawyer Licio Cengarle vicariously liable for his clerk’s mortgage fraud scheme as well as for breach of trust. This case is a cautionary tale for professionals and employers about the need for internal controls.
Continue Reading Ignorance of Fraud is No Defence: Employer Vicariously Liable for Rogue Employee
SCC Reminds Employers of the Costly Implications of Imprecise Language in Incentive Compensation Plans
At common law, employers have a right to terminate an employment relationship, subject to reasonable notice of termination. When an employer breaches this implied duty, employees are entitled damages for wrongful dismissal, which presumptively include damages for lost incentive compensation unless an employer unequivocally ousts that right in an employment agreement or incentive plan. In Matthews v. Ocean Nutrition Canada Limited, the Supreme Court of Canada confirmed that absent “absolutely clear and unambiguous” language in the employment agreement or the incentive plan restricting such entitlement, incentive compensation is considered part of the damages owed in lieu of common law reasonable notice.
Continue Reading SCC Reminds Employers of the Costly Implications of Imprecise Language in Incentive Compensation Plans