Serious insight for serious situations.

Serious insight for serious situations.

Revisiting unilateral amendments to employment contracts and policies

In the modern business world, employers are required to stay current and adapt to ever-changing legal and economic demands.  As part of the survival process, employers are often tasked with updating work-related documents.  However, there are legal repercussions associated with unilateral amendments to pre-existing employment contracts and policies which employers must be cognizant of. The

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Sunrise propane explosion results in $5.3 million in fines

It has been more than 7 years since a series of colossal explosions at Sunrise Propane lit up Toronto’s night sky, killing one worker and forcing the evacuation of thousands of neighbouring residents. Investigators traced the origin of the tragedy to vapours being ignited during a dangerous (and illegal) truck-to-truck transfer of propane; and prosecutors

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What the proposed PTSD protections may signal for the future of workplace mental illness laws

There has been a great deal of media coverage in recent months regarding the effects of Posttraumatic Stress Disorder (PTSD) on “first responders” (i.e. police, fire, and paramedic personnel).  It is generally understood that these professions, along with doctors, nurses, correctional officers, and military personnel are the most likely to experience PTSD as a result

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Supervisor sentenced to 3 ½ years for his role in the Metron Construction tragedy

Having been convicted of criminal negligence causing death in June 2015, Vadim Kazenelson was today sentenced to 3 ½ years’ imprisonment for his role in a tragic scaffold collapse that killed four workers and seriously injured a fifth on Christmas Eve 2009.  This represents the first time a supervisor in Ontario has been sentenced to

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A delicate balance – Resolving competing rights claims in the workplace

When discussing workplace complaints and conflicts with clients or while delivering training, I regularly hear that the most challenging situations to address are those which seem to involve competing individual rights. Employers are unsure how to proceed when both parties seem to be making a valid argument under the organization’s policies or the Ontario Human

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The challenge of the unrepresented party: Consider this case from the Human Rights Tribunal of Ontario

A case crossed my desk this week that clearly illustrates the challenges lawyers face when dealing with an unrepresented party, in this case, at a hearing at the Human Rights Tribunal of Ontario (the “Tribunal”). Luthra v CAPREIT Limited Partnership, 2015, HRTO 1658 (CanLII) is a decision of Adjudicator Jo-Anne Pickel, dated December 9, 2015. 

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Recruiting the recruiter

Employers often lament that it’s hard to find “good people.” There are a number of ways in which employers seek out “good” employees, including job postings, referrals and third party recruitment.  It is the latter tactic that has put a wrinkle in a number of files I have handled. While third party recruitment is a

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Chaos in the realm of termination clauses

Increasing Consistency Although an employee is presumptively entitled to reasonable notice of termination, this notice can be altered by contract. However, for a termination clause to be enforceable, it must provide for an employee’s minimum statutory entitlements under the applicable employment standards act in a given jurisdiction.[1]  Where a termination clause is held unenforceable, the

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