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Serious insight for serious situations.

Serious insight for serious situations.

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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Notice no-nos: Some basic “don’ts” when providing notice of termination

Many of our employer clients are led by sophisticated HR teams and experienced managers who are well-versed in the dos of the termination process: do prepare a termination letter in advance; do consider who should be present in the termination meeting; and do seek advice as to the appropriate length of notice of termination to

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“FHRITP” = Career-limiting move

For those unfamiliar with this vulgar form of harassment, “FHRITP” refers to the offensive trend of female reporters being heckled on-air by some miscreant shouting “f**k her right in the p***y!” When CityNews reporter Shauna Hunt was targeted with that nonsense while interviewing fans outside a Toronto FC game this past Sunday, she challenged a

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Sick notes, spying, and a toilet seat prank

Sick notes, spying, and a toilet seat prank: Did these things comprise a successful basis for moral damages? On January 7, 2015 the Ontario Superior Court of Justice issued a decision in Ciszkowski v. Canac Kitchens, 2015 ONSC 73 (CanLII). This case concerns the acrimonious termination of an 18-year employment relationship between the plaintiff and his

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Expect the unexpected: Employees (and Rob Ford) on sick leave

I spent much of this past weekend poring over the news associated with Rob Ford’s departure from the Toronto mayoral race due to ill health. Despite feeling sympathy for Mr. Ford and wishing him a speedy recovery, there were voters and columnists who spoke of their disappointment at being deprived of the opportunity to cast

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Record of Offences? Ha! What Record of Offences?

On August 7, 2014 the Human Rights Tribunal of Ontario issued its decision in the case of Hulbert v. Cott Beverages. This was an application by Mr. Hulbert where he alleged that Cott Beverages discriminated against him contrary to the Human Rights Code (“the Code”).  Specifically he alleged that his employer discriminated against him on

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Making justice more accessible – the changing face of employment law litigation

Chief Justice Beverley McLachlin is well known for her outspoken views about access to justice.  Chief Justice McLachlin has for many years written and spoken about the unaffordability of our legal system. She has been critical of our system, noting that trials have become the norm and that delay is rampant, making it impossible for

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All’s fair in love and employment: Using lessons in love to help terminated employees

As Valentine’s Day approaches, our minds turn to love, romance and, most importantly, chocolate. For some people, Valentine’s Day is not such a happy time, as it reminds them of elusive or unrequited love. For terminated employees, heartbreak arises not from a lost love, but from a lost job. Like the jilted partner in a

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