September 28, 2017 In Carroll v. Purcee Industrial Controls Ltd, an Alberta decision, the court recently decided whether requesting a severance package amounted to a resignation. Background Mr. Carroll worked in sales and development for Purcee Industrial Controls Ltd (the “Company”) for almost five (5) years in Calgary and overseas. There was no written employment contract […]
September 14th, 2017 A recent Ontario decision confirms that the lessons your parents imparted on you as a child about telling the truth apply equally in the employment context! Francis Aboagye commenced an action for wrongful dismissal against Atomic Energy of Canada Limited (AECL) when his employment was terminated due to his dishonesty during the […]
August 31, 2017 In one of the first of its kind, a recent Ontario Superior Court of Justice decision found an employer liable for the tort of harassment and awarded significant monetary damages. In Merrifield v Canada (Attorney General), the Royal Canadian Mounted Police (“RCMP”) was ordered to pay general damages of $100,000 and special damages of […]
August 17, 2017 The new NDP government in British Columbia has announced its intention to re-establish the province’s Human Rights Commission. The Commission was shuttered in 2002 in favour of a complaint-driven tribunal, leaving British Columbia as the only province without a Commission. Over the coming months, there will be a consultation process with stakeholders, […]
August 3, 2017 Continuing the recent trend previously reported by e2r™, employers who are federally regulated for employment purposes are also facing upcoming changes to employment standards legislation. On June 22, 2017, Royal Assent was granted to Bill C-44, the Budget Implementation Act, 2017, No. 1, making significant changes to the Canada Labour Code (“Code”). […]
July 20, 2017 If you haven’t already heard, big changes are coming for workplaces in Ontario and there is one more notable change to come. Bill 127, Stronger, Healthier Ontario Act (Budget Measures), 2017 (“Bill 127”) received Royal Assent in May 2017 and comes into effect January 1, 2018. This Bill includes amendments to Ontario’s […]
July 6, 2017 The Supreme Court of Canada has ruled that an employee’s termination was not discriminatory despite his acknowledged drug addiction in a landmark decision involving drugs in the workplace. Ian Stewart was employed by Elk Valley Coal Corporation, a mine in Alberta, as a loader. He was involved in a collision with another […]
June 22, 2017 Employers are entitled to request medical information in order to determine the appropriate accommodation for employees. However, sometimes the medical information provided by an employee’s treating physician can be inaccurate, vague and/or inadequate. In these cases, there is often a question of whether an employer is entitled to seek a second medical […]