A recent decision highlights the risks associated with assuming an employee has resigned when they refuse to return to work. In Nagpal v IBM Canada Ltd., Vinay Nagpal, an employee with over 23 years of service, went on a stress related medical leave in 2013. The Company referred Nagpal to Manulife, the administrator of the...
The Ontario Human Rights Tribunal (“Tribunal”) has made the highest monetary award to date in the monumental 2018 decision of A.B. v. Joe Singer Shoes Limited. The Tribunal awarded the employee (the store owner) $200,000.00 for the twenty (20) years of pain and suffering she experienced by her employer (and landlord), Mr. Singer. Mr. Singer...
Effective January 1, 2020, the monetary claims limit for Small Claims Court in Ontario will increase from $25,000.00 to $35,000.00 (excluding interest and legal costs). Of note, the previous limit has been in place since 2010 when the limit was increased from $10,000.00. Small Claims Court is a branch of the Superior Court of Justice...
A recent case decided by the Supreme Court of British Columbia provides a useful example of how not to handle a termination for cause. In Acumen Law Corporation v Ojanen, Melissa Ojanen – an articling student at a criminal law firm – was terminated for cause. The firm alleged that Ms. Ojanen was attempting to...
Election day is quickly approaching! With the Federal election scheduled for October 21, 2019, employees of your organization may be entitled to paid time off to vote. The Canada Elections Act (the “Act”) provides that every employee who is an elector is entitled to three consecutive hours off from work to vote. For an employee...
A recent Ontario decision serves as a good reminder to employers to be weary of entering into oral employment agreements. In Mineault v. E.S. Fox Limited, the employee was hired in September 2014 from a union hiring hall as a General Foreman for a specific project. Of note, the position was outside of the scope...
A very recent decision from the British Columbia Superior Court reaffirms that short service employees will be awarded disproportionate reasonable notice awards if the circumstances fit. Mr. Greenless worked for Starline Windows Ltd. for 6 months before being terminated and was awarded 6 months reasonable notice. Here is what led to Mr. Greenless being awarded...
The Ontario Court of Appeal recently provided some much-needed guidance on how to identify a dependent contractor in Thurston v. Ontario (Children’s Lawyer) (“Thurston”). A dependent contractor is a third category of worker that falls between an employee and an independent contractor. Like an independent contractor, a dependent contractor is not entitled to any of...
The Ontario Superior Court of Justice recently awarded a whopping $1.3 million to a former general manager of a funeral home in North Bay, Ontario. In, McGuinty v. 1845035 Ontario Inc. (McGuinty Funeral Home), the employee was a third-generation owner of a funeral home in North Bay, Ontario. The employee sold the business and entered...
In Bassanese v German Canadian News Company Limited et al, an employer learned the hard way that ignoring a complaint of workplace harassment can result in serious financial consequences. The employee in this case was a 74-year-old clerk with 19 years of service. She was repeatedly verbally harassed by a male co-worker, including him screaming...