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Serious insight for serious situations.

Serious insight for serious situations.

Insights

Reflections and news direct from Rubin Thomlinson.
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Calling all independent contractors!

Over the last couple of months, we have seen our employer clients engage an increasing number of “independent contractors”. This can be an effective way of getting overflow work done without adding to the headcount, and adding fresh blood to an organization. Here are a few things to look for when structuring these arrangements: 1.

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Be it resolved…

The passing of December 31 causes many of us to consider resolutions for the New Year. What will we do differently? How will we behave better? What will change? As employment lawyers, if we could suggest our top 5 resolutions for employers and employees for 2010, they would be: 1. Prepare written employment contracts for

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A few words about workplace violence risk assessments under Bill 168

For those of you following the progress of Bill 168, which proposes to add explicit protections for employees against workplace violence and harassment, you will know that one of the trickier elements of the Bill is the requirement that employers perform a risk assessment of the workplace. The purpose of this assessment is to determine

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Just ‘fess up!

I was thinking this past week about the FIFA world cup qualifying match between France and Ireland. If you haven’t heard, France won after their captain allegedly handled the ball, resulting in the winning goal. Irish fans were irate that the captain of the French team did not admit his alleged violation. In the workplace,

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Supreme Court: May be necessary for dismissed employees to return to the same employer to satisfy duty to mitigate

According to the Supreme Court of Canada, it may be necessary for a dismissed employee to mitigate his or her damages by returning to work for the same employer. In a case released just yesterday, the Supreme Court of Canada has added a new and interesting element to the mix of termination options for employers. 

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Notice not always proportionate to service in case of short service employee

A recent case involving the termination of a short service employee, illustrates a principle that is often difficult for employers to accept.  A terminated employee’s entitlement to reasonable notice may not always be proportionate to his or her notice. The case in point is Gingerich v. Kobe Sportswear Inc. (unreported, January 25, 2008).  Here, Mr.

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Supreme Court of Canada hears Honda v. Keays

Today, the Supreme Court of Canada heard submissions in what is arguably the most important employment law case in over a decade, Honda v. Keays.  At issue are the legal consequences of firing an employee with a disability – in this case chronic fatigue syndrome.  As part of the company’s disability management program, Honda required

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Restrictive covenants that “stick”

This week, we continue to look back at noteworthy 2007 employment law cases.  For people who are interested in the duties imposed on departing employees, have a look at H.L. Staebler Co. v. Allan [2007] O.J. No. 3460, a decision of the Ontario Superior Court of Justice.  The case revolved around whether an employer’s restrictive

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