Articles

Damages For Mental Distress Due to Unfair Treatment in the Termination of Employment Do Not Require Medical Evidence

In the recent case of Krmpotic v. Thunder Bay Electronics, 2024, the Ontario Court of Appeal dealt with a variety of issues including awarding damages without medical evidence due to the manner of the employee’s dismissal. The duty to treat employees fairly during dismissal encompasses the employer’s duty to exercise good faith during the course...

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The ‘High’ Price of Cannabis use in the Workplace

The law continues to develop around the use of cannabis (or THC products) in the workplace. While the science is still developing on how to measure the intoxicating effects of THC and the impact it can have on safety in the workplace, legal decisions continue to refine an employer’s obligations with regards to its use....

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Family Status Accommodation

Balancing the obligations of both work and home is a constant juggle for employees. As we approach the summer and children are out of school, there may be an increase in employees requesting accommodations to care for their families. In provinces/territories across Canada, family status is a protected ground and employers have a legal obligation...

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Violence and Harassment Laws Across Canada – An Update

Every jurisdiction in Canada has some form of legislation pertaining to violence and harassment in the workplace. This area of law is constantly evolving with amendments to legislation adding new obligations for employers. In particular, in Québec, Bill 42, An Act to prevent and fight psychological harassment and sexual violence in the workplace, received royal...

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Ontario Considers Working for Workers Five Act

There is never a dull moment in the world of employment law as Ontario announces more proposed legislative updates! On May 6, 2024, the Government of Ontario announced that it will be introducing the Working for Workers Five Act, 2024 (the “Act”). This is in follow-up to four prior Working for Workers Acts. For background,...

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Overtime? What Overtime?

In the recent case of Bloomex Inc. v. Erik Camphaug, 2024, the Ontario Labour Relations Board (“OLRB”) has, again, made an overtime award against an employer that could not produce records to dispute an employee’s claims, or calculation, of unpaid overtime hours. The employee was able to adduce evidence to substantiate additional hours being worked...

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2024 Minimum Wage Increases

As we continue to move through 2024, and in response to the continued increases to the cost of living experienced by Canadians – jurisdictions across the Country are adjusting their minimum wages. We have prepared the below summary of current and upcoming increases to general minimum wages across the various Canada jurisdictions. Current and future minimum...

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Ontario Working For Workers Four Act, 2023 – Update

On March 21, 2024, the Ontario government passed the Working For Workers Four Act, 2023. This legislation was originally introduced on November 14, 2023 and comes after several Working for Workers legislative amendments over the last few years. The key amendments of the Working For Workers Four Act, 2023 include: Restaurant and Service Workers In...

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REPRISAL REVISITED

For all Canadian employers, it is crucial to understand the issue of reprisal through various statutory lenses. Today, a brief overview on reprisal in the context of occupational health and safety (“OHS”) legislation, and the remedies that may awarded. To begin, what is reprisal? A reprisal occurs when an employer punishes or threatens to punish...

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