Serious insight for serious situations.

Serious insight for serious situations.

A temporary layoff can’t be a constructive dismissal?

In a decision released last week, Justice Moore of the Ontario Superior Court appears to have altered the law of constructive dismissal as it pertains to temporary layoffs.  Before now, if an employee client came to us having been temporarily laid off, we would nonetheless have considered the possibility that the employee might have been

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Reading the Rutgers investigation report

When delivering our workplace investigation training, we often discuss the need to assume a wide readership for the investigation reports that we prepare, and to write accordingly. Few of us, however, should expect a readership that the investigators tasked with looking into allegations against the Rutgers men’s basketball coach knew that they would face. Video

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Avoid the legal vulnerabilities of volunteering

This week is National Volunteer Week, which celebrates the hard work and initiative of volunteers across Canada. Whether it is teens vying to satisfy their 40 hours of volunteer work before graduation, or youths trying to get their foot in the door at an organization, volunteering is a popular avenue into many Canadian workplaces. Volunteer

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Employer drowns in penalties after not paying student lifeguards

The owner of a pool company has been sentenced to 90 days in jail and fined $15,000 for not paying thousands of dollars in wages to former student lifeguards. The employer operated a string of pool supply companies, and hired students to work as lifeguards during the summer months. The employer was able to secure

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A delicious way to resign

Chris Holmes worked days for the Border Force at Stansted Airport and baked cakes in his spare time. After three years of moonlighting, Mr. Holmes decided it was time to pursue his cake business full-time. This left the matter of announcing his decision to his employer. How better for a baker to resign than on

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How to tweet your way to termination

Paris Brown was a pioneer for her generation, becoming the first youth police and crime commissioner for Kent in Britain on April 3, 2013. More than 160 young people vied for the position that sought to bridge the gap between teenagers and the police. Paris, who essentially became a pseudo-cop, underwent a background check as

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In defence of social media

These days, I find myself following legal issues involving social media with great interest and, occasionally, with considerable amusement and surprise. My interest isn’t driven entirely by my occupation, and the situations I have read about span far beyond the employment law niche in which I practice. Indeed, social media seems to have found its

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Terminating an employee facing misconduct allegations may defy duty of fairness

When an employer is made aware of allegations of employee misconduct, employment lawyers generally advise that they are expected to respond fairly and conduct some form of investigation before reaching any conclusion on fault for the misconduct and any resulting discipline. Given the potential duration and cost of an investigation process, an employer may be

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