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On October 27, 2015, the Ontario government tabled its Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment) 2015 (the “Act”). The Act amends the Occupational Health and Safety Act, and in particular, those provisions brought in through Bill 168 in 2010 that set out employers’ obligations to have
The “Fresh Consideration” Doctrine The need for “fresh consideration” has long been a fundamental requirement to the enforceability of contracts. More specifically, in the absence of exceptional circumstances, an existing obligation or duty to perform cannot be used as valid consideration for the creation of a new contract. The legal doctrine of “fresh consideration” is
I have, on a number of recent occasions, had employers contact me to determine what options are available to them when they have mistakenly overpaid an employee. Most employers wish to simply reverse the overpayment on a following pay thereby deducting the overpayment from wages owing. Section 11(1) of the Employment Standards Act, 2000 of
It is election time once again! In just a few short days millions of Canadians will be rushing to the polling stations to cast their votes to determine Canada’s next Prime Minister. With October 19, 2015 just around the corner, we felt it was a good time to remind both employees of their rights and
The decision in Bakery, Confectionery, Tobacco & Grain Millers International Union, Local 410 v. Canada Bread Company Limited, 2015 CanLII 20939 (NL LA) was interesting not only for its outcome, but equally for the description of the workplace investigation conducted into the horseplay/violence incident giving rise to the grievance arbitration. This incident occurred on April
The people who ran the Northern Lights Manor (the “Manor”), a personal care home in Flin Flon, Manitoba, certainly thought so. However, their steadfast belief in this approach to dealing with alcohol addiction has now led to a very costly legal decision against the Manor. Linda Horrocks worked at the Manor as a health care
When I first started practising employment law many years ago, there was a phenomenon known as “building a case for cause”. When you represented an employee, as I often did at the time, you could always tell when an employer was trying to do this. After a lengthy and often unblemished tenure of employment, your
With an introductory paragraph that reads like a soap opera, the recent decision of the Ontario Superior Court of Justice in Kielb v. National Money Mart Company quickly caught my attention. As summarized by Justice Akhtar, This case involves allegations of broken promises, ambiguous clauses and inequitable treatment and, at its heart, a contract that
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