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Recent Posts
Below is a preview of the five most recent posts from the blog Labour Pains. To read these posts in their entirely or subscribe to future updates from this blog, please visit their website!
- Top Three Cases of Importance to Ontario Employment Law – 2020 Edition
Twenty. Twenty. The year of 366 days, countless regulations and public health measures, myriad challenges and changes, but no Olympic games, and very few judicial decisions. Since 2012, I have posted what I consider to be the “Top Five Cases of Importance to Ontario Employment Law:” 2012201320142015 … Read more »
- Mandatory Covid Testing Reasonable Exercise of Management Rights
Is an employer policy requiring bi-weekly testing for COVID-19 a reasonable exercise of management rights, or is such a policy an unreasonable infringement on the workers’ rights? In Caressant Care Nursing & Retirement Homes and Christian Labour Association of Canada (Covid Testing Grievance), Labou … Read more »
- Failure to Follow Covid-19 Directions Cause for Termination
Is an employee’s failure (or blatant refusal) to follow an employer’s directions to protect public health – during a global pandemic – cause for termination of employment? In Garda Security Screening Inc. v. IAM, District 140 (Shoker Grievance), [2020] O.L.A.A. No. 162, Labour Arbitrator M. Brian Ke … Read more »
- Dismissed “Vice President” Awarded Just Two Months Pay in Lieu of Notice – Despite Title, COVID-19 Pandemic
Is the title “Vice President” sufficient to move the needle in the calculation of reasonable notice? In George v. Laurentian Bank Securities Inc., 2020 ONSC 5415 (CanLII), counsel for the dismissed employee urged the court to find that there is a presumption at common law that senior management or e … Read more »
- Refusing to Apologize for Inappropriate Comments Not Cause for Dismissal
Is refusing to apologize to a co-worker, after a company’s finding of your having made inappropriate comments to that co-worker cause for termination? Does it matter if, at the time the direction to apologize was made, the company elected not to terminate your employment at all (let alone for cause? … Read more »