May 15, 2015

Off-Duty Conduct: For Cause or Not For Cause

The recent firing of Hydro One employee Shawn Simoes for making sexually harassing and offensive comments to a female TV reporter at a Toronto FC game should remind employees that what they say and do off-duty can affect their employment.  In Ontario, an employee’s off-duty conduct can attract discipline or dismissal for cause if it…

May 15, 2015

UFCW Organizing Efforts Target Ontario Dental Practices

  On August 30, 2014, employees of the Credit Valley Oral Surgery clinics voted in support of an application for certification by the United Food and Commercial Workers (“UFCW”) and made it the first dental practice in Ontario to unionize. This particular employer had four offices in Mississauga, Burlington, Oakville, and Milton. UFCW claims that…

June 18, 2013

Minimum Statutory Rights Required for Employment Contract to be Enforceable

A recent decision of the Ontario Superior Court highlights for employers the need to ensure that their employment contracts do not fall below the minimum entitlements under employment standards legislation. Much of wrongful dismissal litigation centers on creative attempts by plaintiff-side employment lawyers finding ways to argue that termination clauses in employment agreements are unenforceable…

June 18, 2013

Family Status

The Law Ontario’s Human Rights Code Every person has a right to equal treatment with respect to employment without discrimination because of family status. Decisions regarding hiring, promotion, training, discipline or dismissal should not be directly or indirectly based on assumptions related to family status. Family status need only be one of the reasons for…

June 18, 2013

Duty to Mitigate

Following a recent ruling of the Ontario Court of Appeal, Bowes v. Goss Power Products Ltd., an employee in Ontario no longer has an obligation to mitigate when employment is terminated pursuant to an employment agreement that contemplates a fixed term of notice or pay in lieu of notice when the employment agreement does not…

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