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Insights and updates on human resources, employment law, payroll, internal controls and compliance strategies.

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Why claiming a failure to mitigate for a 35 year employee is almost futile

In Wall v M.H. Roe Sheet Metal (no CanLII citation yet) Justice Kumaranayake of the Ontario Superior Court found the proper notice period for a 56 year old Office Administrator with 35 years’ service was 24 months.

Barry B. Fisher LL.B.

Time to read 2 minutes read
Calendar September 16, 2024
employment law
failure to mitigate
notice period
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Give that back: Recovery of employer property post-dismissal

What happens when employers encounter intransigent former employees who refuse to return their property?

Vey Willetts LLP

Time to read 4 minutes read
Calendar September 13, 2024
company-owned vehicles
employer property
employment benefits
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Failure to comply with drug and alcohol policy results in termination for just cause

Termination for cause, health and safety obligations and workplace disability accommodation are some of the most challenging employment law issues Canadian employers need to navigate when managing their workplaces. A recent case from Alberta, Quong v Lafarge Canada Inc., provides significant insights for employers, especially those operating in safety-sensitive industries. Here’s a breakdown of the key points and how you can apply them to your workplace.

SpringLaw

Time to read 4 minutes read
Calendar September 11, 2024
drug and alcohol policy
drug testing
duty to accommodate
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Dress codes: Discrimination isn’t fashionable

With more and more people heading back to work in person, many are rethinking what appropriate work attire really means. In some cases, employers may choose to provide a dress code with guidelines for employees to follow. However, careful thought must be given to ensuring that a dress code is compliant with human rights legislation.

Simes Law

Time to read 3 minutes read
Calendar September 10, 2024
discrimination
dress code
employment law
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When is failure to attend work job abandonment?

Proceeding as though the employee has quit could create significant liability for an employer, both in terms of the employee’s legal entitlements and the employer’s reputation. Instead, an employer must…

Rudner Law, Employment / HR Law & Mediation

Time to read 6 minutes read
Calendar September 6, 2024
Dismissal
Employee Obligations
employer obligations
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Financial competence for boards and senior management

Directors and officers have fiduciary duties under tax, bankruptcy, incorporation, environmental and other statutes, with personal exposure for unpaid wages, salaries, and statutory deductions, and other liabilities.

Apolone Gentles, JD, CPA,CGA, FCCA, Bsc (Hons)

Time to read 3 minutes read
Calendar September 4, 2024
employment law
fiduciary duties
financial competence
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A closer look at the decision: Google abused its monopoly power

On August 5, 2024, the U.S. Department of Justice, Antitrust Division (DOJ), released a statement about the case against Google: it viewed its victory as “an historic win for the American people.” This is regarding the case where Google has been found to be a monopolist, and one that abuses its monopoly power with respect to Google Search.

Christina Catenacci, BA, LLB, LLM, PhD

Time to read 3 minutes read
Calendar August 28, 2024
Antitrust
competition
DOJ
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Firing pregnant worker after 8 days’ employment proves costly for business owner

Read about a recent success at the Human Rights Tribunal of Ontario in securing an award of almost $40,000 against a corporate respondent (and its owner) for firing a pregnant employee after 8 days of employment.

Vey Willetts LLP

Time to read 5 minutes read
Calendar August 16, 2024
discrimination
employment law
family status