Legal Words

The decision could be good news for wrongfully dismissed employees

By Hendrik Nieuwland

The recent Court of Appeal decision in Brake v. PJ-M2R Restaurant Inc. has significant implications for employers involved in wrongful dismissal litigation. The court clarified a number of issues concerning mitigation income that can be used to offset a reasonable notice award in damages. It could be said that the decision in Brake can have the effect of placing a wrongfully dismissed employee in a better position than they would have been

Entitlement to chronic mental stress BENEFIT to expand effective Jan. 1, 2018

By Laura Williams

The Ontario government’s budget implementation Bill 127, the Stronger, Healthier Ontario Act (Budget Measures), 2017, amends numerous pieces of legislation, including the Workplace Safety and Insurance Act, 1997 (WSIA). The most significant Bill 127

2017’s biggest issues in Canadian employment law

By Heather Hudson

Marijuana, vacation pay claims and Bill 148 are just a few of the pressing topics on the minds of the Human Resources Professionals Association (HRPA)’s HR Law Conference co-chairs, David A. Whitten and James D. Heeney.

... AND MORE ESA COMPLAINTS

By Jason Beeho

Although not yet in force at the time of this writing, the Fair Workplaces, Better Jobs Act, 2017, otherwise known as Bill 148, will bring major changes to both the Employment Standards Act, 2000 (ESA) and the Labour Relations Act when it inevitably becomes the law-of-the-land.

Best practices for avoiding age discrimination throughout the employment cycle

By Adrian Ishak

With the inevitable aging of Canada’s Baby Boomers, a large segment of our population hovers around the cusp of retirement. As a result, there are a number of pertinent factors that HR professionals and employers ought to be aware of, including age-related discrimination concerns; employees’ rights; employer obligations; and how to respond to the greying workforce in a way that limits exposure to potential claims of discrimination.

Recent ruling on harassment by the Ontario Superior Court is a wakeup call for employers

By Donna Marshall, M.A.

Employers in Ontario are at greater risk of litigation from employees who have been harassed in their workplace. Referred to as the “tort of harassment” and “harassment as an independent cause of action,” the Superior Court ruling makes it easier for employees to sue their employer for damages resulting from harassment.