HV on HR Newsletter
HV on HR
October 30, 2023
Ontario Court of Appeal Upholds Notice Periods in Excess of 24 Months
HV on HR
September 29, 2023
Recent Changes to the Income Tax Act May Affect Severance Agreements
HV on HR
June 14, 2023
Employer Awarded $112,000 from Former Employee Who Quit and Stole Business
HV on HR
April 24, 2023
Refusal to Obtain COVID-19 Vaccine Constitutes Frustration of Employment Contract
HV on HR
March 24, 2023
Can Employers be Vicariously Liable for an Employee’s Conduct?
HV on HR
February 24, 2023
Employee Ordered to Repay Former Employer $2,600 for Time Theft
HV on HR
December 21, 2022
Best Practices for Terminations to Avoid Damage Awards for Bad Faith Conduct
HV on HR
November 22, 2022
Long-Term Disability Benefit Entitlement After Termination; What Does it Mean to Mitigate Damages?
HV on HR
October 24, 2022
Deadline Reminder to Ontario Employers with 25 or More Employees – Electronic Monitoring Policy
HV on HR
October 24, 2022
Employee Awarded $55,000 in Moral and Punitive Damages for Employer’s Post-Termination Conduct
HV on HR
August 29, 2022
Two novel COVID-19 decisions: indefinite layoff for refusing to wear facemask NOT constructive dismissal and religious exemption granted for vaccine policy
HV on HR
June 24, 2022
B.C. Court Provides Guidance on Mitigating Damages After Termination
HV on HR
May 24, 2022
Terminations for Cause: Ontario Court of Appeal Clarifies What is “Wilful Misconduct”
HV on HR
April 21, 2022
Important Employment Legislative Updates: minimum wage increase, rights for digital platform workers, larger health and safety fines and more!
HV on HR
March 18, 2022
Province Preparing Legislation Requiring Employers to Disclose Electronic Monitoring of Employees
HV on HR
February 25, 2022
Province Provides Guidance on Disconnecting from Work Policies
HV on HR
February 25, 2022
Are post-employment non-compete agreements entered into in Ontario prior to October 25, 2021 void?
HV on HR
January 21, 2022
Courts Find Mandatory Vaccination Policies do not “Force” Employees to be Vaccinated; Plus, Update on IDEL and ESA Amendments
HV on HR
December 22, 2021
COVID-19 Workplace Vaccination Policies at Arbitration; IDEL Update
HV on HR
December 6, 2021
Working for Workers Act, 2021 receives Royal Assent: Disconnecting from Work Policies Now Required and Prohibition on Non-Compete Agreements.
HV on HR
November 25, 2021
New COVID Screening Tool and Proposed Changes to the ESA: Disconnecting from Work Policies, Prohibition on Non-Competition Agreements and Increased Minimum Wage.
HV on HR
October 21, 2021
Humphrey v. Mene, 2021 ONSC 2539: Termination Provision Unenforceable for Lack of Consideration and Repudiation
HV on HR
September 21, 2021
Constructive Dismissal Claims Arising from Mental Stress not Statute-Barred by WSIA and Minimum Wage Increasing in Ontario on October 1, 2021.
HV on HR
August 17, 2021
Update on COVID-19 Vaccinations in the Workplace: Federal Public Service Employees Required to be Vaccinated; Vaccination Strategies Encouraged for Other Organizations
HV on HR
August 3, 2021
B.C. Human Rights Commissioner Provides Guidance on COVID-19 Vaccination Policies in the Workplace
HV on HR
July 21, 2021
Can Employers Require Vaccinations? Plus, a Note on Employment Agreements
HV on HR
June 15, 2021
Damages Awarded for Manner of Dismissal; Conflicting Decisions on whether IDEL layoff is Constructive Dismissal and Reminder on ESA Poster
HV on HR
May 17, 2021
Currie v Nylene Canada Inc. – Court finds a reasonable notice period beyond 24 months
HV on HR
April 30, 2021
Ontario Announces Paid Sick Leave and Court Finds That Infectious Disease Leave Layoff is Constructive Dismissal
HV on HR
April 20, 2021
Human Rights Tribunals Comment on the Objections to Wearing a Mask
HV on HR
March 25, 2021
Pregnancy Found to be a Factor in Determining the Reasonable Notice Period
HV on HR
February 17, 2021
Yee v. Hudson’s Bay Company – Does COVID-19 affect the reasonable notice period?
HV on HR
January 12, 2021
Ontario Declares Second Provincial Emergency to Address COVID-19 Crisis and Save Lives
HV on HR
December 17, 2020
Termination for Failure to Follow COVID-19 Protocols Upheld in two Recent Cases
HV on HR
November 23, 2020
Federally Regulated Employers: New Workplace Harassment and Violence Prevention Regulations Coming into effect January 2021
HV on HR
October 15, 2020
Supreme Court of Canada awards $1M LTIP payment for damages during reasonable notice period
HV on HR
October 2, 2020
COVID-19: Mandatory Workplace Screening Requirements for Employers
HV on HR
September 8, 2020
COVID-19: Update on Changes to the ESA – Length of Temporary Layoffs Extended
HV on HR
August 25, 2020
Post Dawe: Court Holds that Employer’s Conduct Justified Beyond 24 Month Notice Period for Constructively Dismissed Employee | Plus: Update on Changes to the ESA during COVID-19
HV on HR
July 27, 2020
COVID-19: Family Status and the Duty to Accommodate Childcare Needs
HV on HR
June 25, 2020
Termination Provisions Update: One Breach of the Employment Standards Act, 2000 in Any Part of Your Termination Provision Could Void the Entire Clause
HV on HR
June 2, 2020
New ESA Regulation Temporarily Changes Rules to Temporary Layoffs and Constructive Dismissals due to COVID-19
HV on HR
April 3, 2020
COVID-19: Update on Federal Government Supports and Two Programs to Support Employees During the Pandemic
HV on HR
March 19, 2020
COVID-19: Update on Proposed ESA Amendment and Federal Government Supports
HV on HR
February. 2020
Recent Case Stands for the Proposition that Claims Based on Workplace Harassment in Civil Constructive Dismissal Actions and Human Rights Applications Are Statute Barred by the WSIA
HV on HR
January. 2020
Constructive Dismissal Case Affirms that Sexual Harassment can Increase Damages for Dismissal
HV on HR
December. 2019
SCC decision on the Employee versus Independent Contractor Debate
HV on HR
November. 2019
Ontario Court of Appeal Clarifies “Greater Of” Termination Provisions and Ontario Human Rights Tribunal Grants $120,000 to Applicant for Discrimination
HV on HR
October. 2019
Ontario Court Holds Saving Provision in Termination Clause Doesn’t Save the Employer. PLUS: Employers’ Obligations on Election Day
HV on HR
September. 2019
Anti-SLAPP Motion Successful as Ontario Court Dismisses Libel Action Brought by Allstate Insurance
HV on HR
August. 2019
Funeral Home Ordered to Pay Over $1.3 Million to Constructively Dismissed Employee on Fixed-Term Contract
HV on HR
July. 2019
Summary of Legal Requirements for Mandatory Policies, Training and Postings in Ontario Workplaces PLUS: Update on Dawe v. Equitable Life Insurance Company
HV on HR
June. 2019
Aggravated Damages Awarded for Employer’s Failure to Investigate
HV on HR
May. 2019
Update from Alberta Court on Good Faith Obligation of Employer in Agreements with Employees
RH on HR
April. 2019
Employer Update on Medical Cannabis in the Workplace, the Tort of Harassment, and Bill 66 Receives Royal Assent
HV on HR
February. 2019
Employees over 65 can’t be denied health benefits | PLUS: Bill 66 in Second Reading
HV on HR
January. 2019
Employee Nearing Retirement Entitled to 36 Months of Reasonable Notice.
HV on HR
December. 2018
Recent Human Rights Case on Discrimination in the Hiring Process | PLUS: a quick note about Bill 57
HV on HR
News Update – November 22, 2018
Two Legislative Updates: (1) Ontario Government passes Bill 47 repealing parts of Bill 148 (2) Bill 57 onto second reading
HV on HR
News Update – November 19, 2018
Attention Provincially Regulated Employers: Two bills have been tabled which propose amendments to the Ontario Human Rights Code
HV on HR
October. 2018
Worried about what the legalization of recreational cannabis means for your workplace? RH tackles employer concerns in this month’s newsletter.
HV on HR
Breaking News – October 24, 2018
Ontario Government Puts Forward Act Repealing Bill 148 – Rules Impacted: Personal Emergency Leave, Shift Cancellation, Equal Pay for Equal Work and Minimum Wage, among others
HV on HR
September. 2018
How the Duty to Mitigate May Impact the Purchase and Sale of a Business.
RH on HR
August. 2018
Alberta Court highlights the importance of proper workplace policies and investigations.
RH on HR
July. 2018
A Full and Final Release May Not Protect Your Company from Future Sexual Harassment Claims.
RH on HR
June. 2018
Is there an absolute right to use medical marijuana in the workplace- HRTO says ‘No’
RH on HR
May. 2018
Out with the new, in with the old: Ontario to reintroduce previous calculation for public holiday pay.
RH on HR
Jan. 2018
Ontario Court awards $750,000 in moral and punitive damages to former Wal-Mart employee.
RH on HR
Dec. 2017
Big changes coming to the Ontario Employment Standards Act. Are you prepared?
RH on HR
June 2017
Court of Appeal declines to deduct mitigation income from wrongful dismissal damages.
RH on HR
March 2017
Employers may be liable for failing to protect employees from third-party cyber harassment.
RH on HR
January 2017
A recent decision from the Ontario Divisional Court has clarified the law surrounding an employer’s right to terminate its employees without cause during a probationary period.
RH on HR – An Update on Employee Mitigation Obligations.
December 2016
RH on HR – Is Your Organization AODA Compliant?
November 2016
RH on HR – Terminated Employees Are Likely Eligible for Their Full Bonus During the Notice Period.
September 2016
Two new Court of Appeal decisions hold employers liable for bonus payouts throughout the notice period, following termination without cause.
RH on HR – Federally Regulated Employees Now Afforded Union-Like Protection from Termination.
August 2016
The Supreme Court of Canada recently affirmed an employee’s right in a federally regulated industry (like banking) to be protected from dismissal without cause in all but a few circumstances.
RH on HR – Court of Appeal Says Mistakes In Termination Provisions May Not Void Agreements.
July 2016
The Court of Appeal recently upheld a decision effectively undermining the prevailing case law on what makes a termination provision unenforceable.
RH on HR – What to do about negative online reviews.
May 2016
This month, learn how to handle negative online posts from your employees.
RH on HR – Think twice before ending a fixed term contract early.
April 2016
This month, the Court of Appeal reminds employers to take special care when drafting fixed term contracts. Learn how you and your contracts could be putting you at undue risk for damages upon dismissal.
RH on HR
March 2016
A recent decision by the Ontario Court of Appeal upholds a lower court’s determination that an independent contractor was actually a dependent contractor, and was therefore entitled to a whopping 26-month notice period upon termination. Read on to find out what this means for you, and how to protect the terms agreed to when engaging with or as a contractor.
RH on HR
March 2016 Update
In this mid-month update, find out the latest on the new Ontario legislation governing Police Record Checks. Read on to learn about the changes and how they will affect your workplace.
RH on HR
January 2016
If Bill 132: Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2015, is enacted, it will create new obligations and protections for everyone in the workplace. In this issue, find out how it could affect you, and how to be prepared.
RH on HR
June 2015
The importance of commencing an employment relationship with a written employment contract as well as properly characterizing the employment relationship.
RH on HR
May 2015
New mandatory poster requirement under the Employment Standards Act.
RH on HR
April 2015
This issue explores the law on the enforceability of termination provisions within employment contracts and how it continues to evolve. We have seen a number of cases strick down clauses that previously had been upheld by the Court. We have recently made revisions to our recommended language for termination provisions and invite you to contact us so that we can review your existing contract and make the appropriate revisions with respect to termination and Employment Standards Act compliance, if they are required. If your organization does not currently have employment contracts, we would be happy to assist in creating one.
RH on HR
March 2015
This issue explores the Supreme Court of Canada and its decision in Potter v. New Brunswick Legal Aid Services Commission which is its first decision on constructive dismissal in 18 years.
Constructive dismissal remains an area of the law that can be tricky and is very case dependent, especially with the recent clarifications in the state of the law. Employers are well advised to seek legal advice when dealing with a potential constructive dismissal situation.
RH on HR
February 2015
This issue is about entitlement to further pay in lieu of reasonable notice. James represented the plaintiff in Donath v Hughes Containers Ltd., and the Court applied a new method of dealing with the Plaintiff’s mitigation of damages during the remainder of the notice period. In order to deal with this issue, the Court ordered the Defendant to pay to the Plaintiff an additional two months of notice at the end of the 12 month notice period subject to her ability to mitigate her damages.
RH on HR
January 2015
This issue addresses the additional responsibilities for employers which are being implemented over the next few years under the Accessibility for Ontarians with Disabilities Act (AODA), and also addresses oranigzations’ obligations with respect to the Human Rights Code.
RH on HR
October 2014
This issue of the importance of employers taking the duty to accommodate under the Code seriously and also reinforces the breadth of the Tribunal’s remedial jurisdiction; the Tribunal has the broad remedial jurisdiction to order anything that is necessary to ensure compliance with the Code, and we use the case of Hamilton-Wentworth District School Board v. Fair to highlight these points. We provide updates on future speaking engagements and links to our social media.
RH on HR
September 2014
Issue explores The Human Rights Tribunal of Ontario’s decision in Morgan v. University of Waterloo and David MacKay and how it not only reiterates the importance of conducting an investigation into human rights complaints but also indicates that following a reasonable investigation process, even if it is not perfect or a different finding was possible, may reduce, if not eliminate, the damages faced by an employer. Waterloo avoided liability due to its reasonable investigation.
RH on HR
July 2014
This issue explores the recent Ontario Human Rights Commission policy regarding preventing discrimination based on mental health disabilities and addictions, as well as provides an update on statutory severance pay under the Employment Standards Act, 2000. The issue also provides updates on past and upcoming speaking engagements, as well as links to our social media platform.
RH on HR
June 2014
This issue explores the Federal Court of Appeal reasoning regarding family status protection and new leaves of absence under the Employment Standards Act, 2000. It also provides updates on past and upcoming speaking engagements, as well as links to our social media platform.
RH on HR
May 2014
This issue discusses a recent case wherein the Ontario Court of Appeal drastically reduced a high award of punitive damages against Wal-Mart Canada Corp. and an individual defendant. The issue also provides an update on upcoming speaking engagements and links to our social media platform.
RH on HR
April 2014
This issue discusses the “Policy on preventing discrimination because of gender identity and gender expression” recently released by the Ontario Human Rights Commission. It explores some implications for employers and highlights some of the helpful guidelines provided within the policy. The issue also provides an update on upcoming speaking engagements and links to our social media platform.
RH on HR
March 2014
This issue examines the new training requirements under the Occupational Health and Safety Act (OHSA) in Ontario, which will require all employers in Ontario to provide employees with mandatory basic occupational health and safety awareness training by July 1, 2014 or “as soon as practicable”. It provides an overview of the information that should be included in such training, both for workers and supervisors. The issue also provides an update on upcoming speaking engagements, as well as links to our social media platform.
RH on HR
February 2014
This issue provides an update on Accessibility for Ontarians with Disabilities Act Compliance, outlining the establishment of accessibility policies, accessibility plans, self-service kiosks and accessible websites and web content. It also provides updates on our past and upcoming speaking engagements, as well as links to our social media platform.
RH on HR
January 2014
This issue provides a look at contract damages, and a recent case in which the Supreme Court of Canada held that a former employee’s receipt of pension benefits during the reasonable notice period should not result in a reduction of the wrongful dismissal damages owed by the employer. The issue also provides an update on upcoming speaking engagements, as well as links to our social media platform.
RH on HR
December 2013
This issue examines a decision at the Ontario Labour Relations Board (OLRB) clarifying that a decision to terminate an employee because he or she has brought forward a harassment complaint can constitute reprisal and may attract the consequences of section 50 of the Occupational Health and Safety Act (“OHSA”). The issue also provides updates on speaking engagements and publications, as well links to our social media platform.
RH on HR
November 2013
This issue discusses a case that has been developing for more than five years and which Robinson Heeney has been carefully watching, in which the Court of Appeal recently reduced a trial award of $550,000.00 in punitive damages to $450,000.00. Despite the reduction in the punitive damage award, this case represents one of the highest, if not the highest, employment law punitive damage award in Canada. Updates are also provided on upcoming and previous news and speaking engagements, as well as how to follow the firm via social media.
RH on HR
October 2013
This issue examines a matter in which James Heeney recently successfully represented numerous complainants in their allegations against senior faculty within the business school at McMaster University. The decision resulted in the discipline of six professors, including the suspension of five. This case is precedent setting as it relates to non-Code harassment in the workplace and makes it clear that harassment complaints have traction and can attract serious consequences. The issue also provides an update on our past and upcoming engagements and publications, as well as links to our social media platforms.
RH on HR
September 2013
RH on HR is back after a summer hiatus. This month’s issue provides an overview of a recent Human Rights Tribunal of Ontario decision regarding a complaint of discrimination following a workplace investigation at Centennial College. The case highlights the importance of conducting thorough workplace investigations with an experienced, external investigator. Updates are provided on our past and upcoming engagements and publications, as well as how to stay updated with the firm via social media.
RH on HR
January 2013
This month’s issue addresses the recent case law developments with respect to an employee’s duty to mitigate as set out in law. Specifically, it emphasizes the importance of overtly stating a duty to mitigate within employment contracts along with a fixed term of notice – without doing so, there is no lawful duty for the employee to mitigate losses. The issue also explores termination provisions relating to the continuation of benefits and the case law surrounding this, as well as examining the limitations on notice periods with respect to termination. Updates are provided on our past and upcoming engagements and publications, as well as how to stay updated with the firm via social media.
RH on HR
December 2012
This month’s issue provides an update on the Accessibility for Ontarians with Disabilities Act (“AODA”). It aims to illuminate pressing issues with regard to compliance with the Accessibility Standards for Customer Service, and the corresponding deadline for compliance reports with respect to this provision of the Act. It also outlines a recent decision of the Ontario Court of Appeal on the subject of the amount of damages for which employers and individuals may be responsible for post-introduction of Bill 168. From this, it explores the implications of this case, among others, in terms of employer and company liability. The issue also provides updates on our past and upcoming engagements, as well as an overview of our charitable initiatives for the holiday season.
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RH on HR
November 2012
This month’s issue provides a detailed look at conducting workplace investigations, and the potential impact of a workplace investigation not thoroughly completed. The article explores a recent case with the Human Rights Tribunal of Ontario, in which they considered the impact of a faulty investigation on a particular applicant. The case included an applicant who had filed a complaint for harassment against her supervisor with the claim that he had harassed her on the basis of her colour, ethnic origin or place of origin or, alternatively, had sexually harassed her. This issue explores the problems inherent in the internal investigation with respect to the applicant, as well as the consequences of conducting an improper investigation. From this, it draws some significant conclusions with respect to the analysis of the Tribunal and its implications for workplace investigations. The issue also provides updates on our past and upcoming engagements and publications.
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