Information About The Employer’s Edge
Recent Posts
Below is a preview of the five most recent posts from the blog The Employer’s Edge. To read these posts in their entirely or subscribe to future updates from this blog, please visit their website!
- EI Officer’s Ruling Prevents Misconduct Allegations in Unjust Dismissal Hearing
To HRTO – June 6,2 019 (00355280.DOCX;1) As many employers are aware, it can be an uphill battle to uphold a dismissal for just cause. A recent ruling under the Canada Labour Code (the “Code”) demonstrates the potential ramifications of an Employment Insurance (“EI”) Officer’s rulings on a subsequen … Read more »
- Tie Goes To The Runner: Termination Language Almost Upheld, But Potential Ambiguous Interpretation Leads Court To Award Reasonable Notice
In this space, you have seen numerous articles reporting on the latest decisions interpreting contracts of employment: employees challenging anything and everything in the effort to be awarded common-law reasonable notice, with employers defending their language and seeking to hold to basic contract … Read more »
- I Take it Back! Ontario Court of Appeal Allows Employee to Withdraw Her Resignation
Facts In English v Manulife Financial Corporation, the Court of Appeal overturned the motion judge’s finding (previously blogged on by CCPartners here) that the plaintiff could not rescind her notice of resignation. The employee was 64 years old and planning to retire in the near future. The employe … Read more »
- You Can’t Always Get What You Want – HRTO Confirms that Accommodation does not have to be Employee’s Preferred Accommodation
Employers are well aware of the significant obligation imposed by the duty to accommodate under the Ontario Human Rights Code. In a recent decision from the Ontario Human Rights Tribunal some good news was provided for employers, as the Tribunal confirmed that there are limits on the duty to accommo … Read more »
- A Deal May Still be a Deal: Ontario Court of Appeal Overturns Summary Judgment Decision that Severance Transaction was Unconscionable while Entitlement to LTD Benefits was a Live Issue.
In the recent decision Swampillai v. Royal & Sun Alliance Insurance Company of Canada the Court of Appeal was asked to consider the issue of conscionability in circumstances where an employee signs a full and final release when the issue of entitlement to LTD benefits is still live. Facts: The empl … Read more »