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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The Right to Unplug

The newly amended Employment Standards Act may have created a context in which an employee may legally be able to disconnect their phone from the demands of the office. There is some precedent for this. European countries such as France passed a law allowing employees to turn off their devices when not officially at work. […]

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Vicarious Liability

Innocent Employer Takes the Hit for Employee’s Failings Vicarious liability is a legal concept which holds a company responsible for the wrongdoing of an employee or employees. If a vicarious liability argument is successful, there is no need to establish any improper conduct of the company. The liability or legal responsibility, in this sense, is […]

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