November 26, 2017

Proposed Changes to Ontario’s Workplace Legislation

  Bill 148, The Fair Workplaces, Better Jobs Act, 2017, which includes broad ranging amendments to Ontario’s Employment Standards Act, 2000 and Labour Relations Act, has passed second reading after debate in the Ontario Legislature. The final legislation is expected to be passed by the end of 2017. The proposed changes are summarized below. We…

June 9, 2015

One Strike and You’re Out! – When a Single Act of Misconduct Can Get You Fired for Just Cause

In the recent case of Steel v. Coast Capital Savings Credit Union[1], the Court of Appeal of British Columbia held that a single act of dishonesty justified the summary dismissal of an employee of 21 years of unblemished service.  This case reinforces the notion that employees can be dismissed summarily (i.e. without notice or pay…

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…

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