Notice Awards Moving Up

General Rules The fundamental guidelines for determining an award of “reasonable notice” or wrongful dismissal damage awards have been in place for many years. There is not a fixed set of factors as there exist many unexpected nuances, but the basics may be fairly stated to be: The character of the employment; The length of […]

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Tape Recording Workplace Discussions

It has become very easy to tape record discussions with a click of the smartphone. Many people think it is a good way to prove workplace abuse or a hostile work environment. Is This Legal? This discussion should start, but not conclude with the Criminal Code. It is certainly criminal conduct to tape record a […]

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Employer’s Right of Suspension

The leading decision on this issue comes from the Supreme Court of Canada[1]. In this case, the Court determined that a suspension without pay would in most cases be a breach of the employment relationship unless such conduct was based on either an express or an implied term of the contract. Recent Law The Ontario […]

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Employer Liability for Workplace Human Rights Violations

The General Rule Ontario’s Human Rights Code makes the employer liable for workplace human rights abuse for most of the human rights protected by the legislation[1]. The dramatic exception is sexual harassment. The Exceptions to the Exception Who is in Charge This being said, the employer may still be responsible for a sexual harassment case […]

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