Information About The House Work Blog
Formerly "Sean Bawden's Law Blog for the Suddenly Unemployed" (2012-14) and "Labour Pains" (2014-2019).
- Employee Entitled to Vacation Pay on "Discretionary" Bonus
When is a “discretionary” bonus to be included in the statutory definition of “wages”? According to a 2016 decision of the Ontario Superior Court of Justice, Bain v UBS, 2016 ONSC 5362 (CanLII), affirmed by the Court of Appeal for Ontario in Bain v. UBS Securities Canada Inc., 2018 ONCA 190 (CanLII) … Read more »
- Employer Entitled to Return of Severance Payment After Discovering Misappropriation of Funds
If an employer dismisses an employee without cause, pays the employee a considerable amount for severance, and the parties sign a full and final mutual release absolving each other from any further claims, can the employer, upon discovering the fact that the employee had lied about his actions while … Read more »
- Frustration Does Not Require an Act of an Employer
Does frustration of contract for illness or injury require an act of an employer? In Hoekstra v Rehability Occupational Therapy Inc., 2019 ONSC 562 (CanLII), Justice Alissa K. Mitchell of the Ontario Superior Court of Justice ruled that it did not. In the same decision, the court ruled that the simp … Read more »
- Inability to Measure and Manage Risk of Harm Created by Cannabis Use Constitutes Undue Hardship: NFLD Supreme Court
Does the inability to reliably test for cannabis create an undue hardship for employers with respect to their duty to accommodate the use of medical marijuana? In International Brotherhood of Electrical Workers, Local 1620 v. Lower Churchill Transmission Construction Employers’ Association Inc., 201 … Read more »
- ONCA Upholds Termination for Just Cause of Fiduciary
“A fiduciary who knows about wrongdoing committed against the beneficiary has a duty to tell the beneficiary.” That important lesson was the key takeaway from a decision of the Court of Appeal for Ontario upholding a termination of employment for just cause: Dunsmuir v. Royal Group, Inc., 2018 ONCA … Read more »
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