Claiming constructive dismissal as an independent contractor
Can independent contractors claim damages for constructive dismissal? In a decision released March 7, 2018 by the Ontario Superior Court of Justice, Barresi v Jones Lang LaSalle Real Estate Services, Inc., 2018 ONSC 837, the answer to that question was essentially yes. Facts The case concerned a commercial real estate broker, Barresi, who was retained […]
Occasional Contributors
17 minutes read
March 20, 2018 Employee forfeits $115,000.00 in bonuses by resigning; active employment clause valid
A bonus policy may state that employees who are eligible for bonuses must also be actively employed to receive their bonus payments. That is, employers may institute an “active employment clause”. Courts will uphold valid active employment clauses, as demonstrated by Bois v. MD Physician Services Inc., 2017 ONCA 857 (CanLII). MD Physician Services Inc. […]
Apolone Gentles, JD, CPA,CGA, FCCA, Bsc (Hons)
Family Day February 19: Which provinces have a day off with pay?
In Alberta, Manitoba, Nova Scotia, Ontario, Prince Edward Island, Saskatchewan and New Brunswick, Family Day is recognized as a public (statutory) holiday and employees get the day off with pay, if eligible. Each year, these provinces celebrate Family Day on the third Monday in February. In 2018, Monday, February 19 is Family Day.
Ted Kenney
Before the duty to accommodate, the duty to inquire
If the duty to accommodate is a well-known concept, the duty to inquire is a fuzzy notion. The principle is that an employee seeking accommodation for a disability is under a duty to disclose sufficient information to her employer to enable it fulfill its duty to accommodate.
De Bousquet PC Barristers and Solicitors
Workplace organizational behaviour part II: Perception
Behaviour in the workplace is based on people’s perception of it. In this post, let’s examine how one’s perception influences productivity, absenteeism, turnover and job satisfaction.
Christina Catenacci, BA, LLB, LLM, PhD
Ten things Canadian employers need to know about statutory holidays
Statutory holidays are days designated by government to mark special occasions or events. In Canada, there are several statutory holidays. Some are national and every province and territory observes the public holiday; some are provincial/territorial holidays, unique to a particular jurisdiction. Typically, a statutory holiday means that workers are entitled to take the day off without losing pay. But this is a general entitlement, with several exceptions and qualifications…
Ted Kenney
Reinstatement of employment at the Human Rights Tribunal
Reinstatement is the practice of re-installing an employee to his/her position as it existed prior to termination, or to the fullest extent possible, which may include the preservation of their pre-existing seniority, pension and other benefits.
De Bousquet PC Barristers and Solicitors
When can an employer ask for an independent medical examination?
The Ontario Court of Appeal has confirmed that in certain circumstances, it is reasonable for an employer to demand an Independent Medical Examination (“IME”) to determine whether an employee needs accommodation and if so, how. In August 2017, the Court denied leave to appeal the Divisional Court’s decision that found the employer was justified in requesting an IME as part of the process of accommodation.
Rudner Law, Employment / HR Law & Mediation
The curious incident of the sick dog and paid leave in the work day
Earlier in October news outlets reported that a woman in Italy had successfully petitioned her employer to allow her to use two days of paid leave to care for her sick dog, rather than use vacation allotment.
Michele Glassford
