Reinstatement “Presumptive Remedy” for Retaliatory Dismissal under Occupational Health and Safety Act

In the recent case Thompson v. 580062 Ontario Inc. (Stainte Irish Gastropub), 2015 CanLII 76907 (ON LRB) [Thompson], the Ontario Labour Relations Board confirmed that an employee discharged for raising safety concerns in the workplace will generally be entitled to reinstatement. In Thompson, a restaurant employee was called into the owner’s office, where the owner […]

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Ontario Court of Appeal Re-Confirms that Employer Must Provide Fresh Consideration When Introducing New Term of Employment

In the recent decision Holland v. Hostopia.com Inc., 2015 ONCA 762 [Holland], the Ontario Court of Appeal reminded us that employers must provide fresh consideration for any new and material terms of contract agreed upon mid-employment. In Holland, the plaintiff was hired by Hostopia.com Inc. (“Hostopia”) pursuant to an offer letter  (the “Offer Letter”) dated […]

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Canadian Senate Seeks to Prohibit Genetic Discrimination

In recent years, the issue of “genetic discrimination” has emerged as a source of concern in Canada, the United States and around the world. The Canadian Coalition for Genetic Fairness defines genetic discrimination as occurring, “when people are treated unfairly because of actual or perceived differences in their genetic information that may cause or increase […]

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Muslim Employees Subjected to Poisoned Work Environment in Popular Toronto Restaurant

In Big Inc. v. Islam, 2015 ONSC 2921, the Ontario Divisional Court upheld the decision of the Human Rights Tribunal of Ontario that a Toronto employer created a poisoned work environment for three of its Muslim employees. Le Papillion on the Park, a popular Toronto restaurant, opened in 2009. Shortly thereafter, the relationship between the […]

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