Addiction & An Employer’s Duty to Accommodate

The Divisional Court has released a decision that will have an impact on future arbitral and common law cases considering an employee’s addictive behaviour and related misconduct. In this case, the employee was an R.N. employed by a public hospital. She was observed by a co-worker taking medications from the hospital inventory and also using […]

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Remedies & ‘Just Cause’ Termination

The Remedies on Termination There are two basic remedies on termination. One is the common law remedy of wrongful dismissal based on the implied term of fair notice. The second is the statutory claim for the Employment Standards minimum payments of notice and severance pay. The notice claim under this statute is capped at 8 […]

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Articling Student Wins Aggravated Damages Award

One would expect that a law firm would be well versed in how to treat its employees fairly and respectfully. Like many cases in employment law, many employers fall short of this standard. When the employer is a law firm, it attracts unnecessary attention to the case, particularly one which has attracted an award of […]

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Significant Damages of $200,000 for Reprisal and Assault in Termination Case

 A recent Ontario Superior Court decision has added more fuel to the fire of cases in which substantial damages have been awarded, over and above the normal severance claim. In this instance, once again, the employer could have easily reduced the damage award had it taken prompt and fair steps to investigate and act to […]

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