Serious insight for serious situations.

Serious insight for serious situations.

Happy anniversary! An employment lawyer’s perspective on employment anniversaries

On July 8, 2015, I celebrated my 2nd year anniversary of practicing law with my colleagues at Rubin Thomlinson. As a lawyer in my 18th year of practice, I have celebrated many anniversaries, however, this most recent one caused me to pause and think about the importance of anniversaries in the employment law realm. I

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On the job and under the influence?

Earlier this month, an AirBaltic flight bound for Crete was grounded shortly before take-off after several of its crew members – including both the captain and first officer – failed alcohol tests. News reports indicate that a passenger alerted local authorities to a concern that the crew had been drinking; and that following a pre-flight

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Deaf employee awarded over $100,000 in damages after “horrendous” conduct by employer

A decision from the Ontario Superior Court of Justice last week contains some of the most disturbing termination facts I have seen in some time. Quite simply, it is a case study on how not to treat an employee with a disability – or any employee for that matter – and how not to terminate

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Baby, you can drive my car!

(Actually, you drive your car and I’ll pay to ride in it.  Welcome to Uber!) There has been much talk about the use of Uber in the media  and we recently had occasion to consider whether the use of Uber services in the employment context is a wise choice. Consider this: if an employer arranges for

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“Savoir faire” – Conducting workplace investigations in my second language

I grew up speaking French. From the time that I was little and playing with my friends in the neighbourhood, we spoke French or English depending upon what words came to mind. We lived in a community with English families, French families or bilingual families so language was never a dividing line – we were

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Failure to disclose addiction pursuant to company policy justifies employee dismissal

Supporting an employee coping with an addiction is a challenging workplace issue particularly where human rights legislation requires accommodation of employees facing addiction and dependency. But what happens when the employee denies having an addiction and it can or does affect the core duties of the employee? That’s precisely the circumstance that Elk Valley Coal

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Bad news for little buddies

The Little Buddies Preschool Centre recently learned some valuable lessons about how human rights laws work in Ontario. Amber Lougheed had worked for Little Buddies as an Early Childhood Educator for just over a year when she learned that she was pregnant with her second child.  Ms. Lougheed was a single mother and so had

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The Metron saga nears its end: Project manager is convicted and faces sentencing

Background The tragic saga of Metron Construction Incorporated, which spurred a comprehensive review of the Ontario OHS system, began on Christmas Eve of 2009. Metron was hired to restore concrete balconies on 2 high-rise buildings in Toronto’s west end, known as the Kipling Project. On Christmas Eve 2009, a crew of 6 men was on a

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