Upcoming Webinar: November 18, 2021 @ 12:30 P.M. (ET)  |  Building Internal Independent Investigation Systems  |  Register Today!

Serious insight for serious situations.

Serious insight for serious situations.

What makes a severance negotiation successful?

I recently concluded a severance negotiation for a client.  It went very smoothly and efficiently, with my employee client satisfied with the result.  He avoided wrongful dismissal litigation, and, after a lengthy employment relationship with his employer, he managed to leave on good terms.  Not every negotiation ends this way.  I don’t think that the

Read More

What to do when employees are not flooding to work

The other week, Toronto was hit with a major rainstorm that ground parts of the city to a halt. The effect of the storm was felt particularly by those in the west end of the city whose homes, businesses and streets were flooded by the uncharacteristic amount of rain. Naturally, those affected by the storm

Read More

Court reinforces employer’s responsibility in managing sexual harassment and refuses to accept antiquated thinking

In a recent decision, Professional Institute of the Public Service of Canada v. Communications, Energy and Paperworkers’ Union of Canada, Local 3011, 2013 ONSC 2725, the Ontario Divisional Court held that the discharge of an employee who had sexually hara­ssed a co-worker was an appropriate penalty.  The employee, a mail room clerk, tried to kiss

Read More

The dads and don’ts of the workplace

This past Sunday was Father’s Day.  This made us wonder, how has the relationship between fathers and their children been reflected in employment law cases? After we reflected on the cases that immediately came to mind, and then rounded out the list with some research, it became clear that this very special relationship has served

Read More

No discrimination = Human rights damages? It can if there was no investigation.

Deen Morgan believed that he was targeted at work because of his skin colour.  His employer did not agree but it dismissed Mr. Morgan’s concerns and instead found a reason to terminate his employment.  When he took his complaint to the Human Rights Tribunal of Ontario (the “HRTO”), they ruled in a decision released last

Read More

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

Read More

Employee information and social media part two: What about mitigation efforts?

In the last month, two personal injury cases have crossed my desk that have left me wondering how aggressively employers and their lawyers will or should incorporate social media searches to examine a terminated employee’s mitigation efforts.Perhaps this is already happening. In both cases, the social media profiles of plaintiffs who claimed they were injured

Read More

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,

Read More