HV on HR Newsletter

HV on HR

March 2024

Are any employment contract termination provisions enforceable?

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HV on HR

February 2024

A Reminder on Bonus Entitlements

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HV on HR

January 2024

Top Employment Law Developments from 2023

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HV on HR

December 2023

The Duty to Mitigate

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HV on HR

November 2023

Ontario Employment Law Updates

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HV on HR

October 30, 2023

Ontario Court of Appeal Upholds Notice Periods in Excess of 24 Months

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HV on HR

September 29, 2023

Recent Changes to the Income Tax Act May Affect Severance Agreements

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HV on HR

June 14, 2023

Employer Awarded $112,000 from Former Employee Who Quit and Stole Business

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HV on HR

May 24, 2023

Termination for Cause Upheld by BC Court

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HV on HR

April 24, 2023

Refusal to Obtain COVID-19 Vaccine Constitutes Frustration of Employment Contract

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HV on HR

March 24, 2023

Can Employers be Vicariously Liable for an Employee’s Conduct?

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HV on HR

February 24, 2023

Employee Ordered to Repay Former Employer $2,600 for Time Theft

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HV on HR

January 24, 2023

2022: A Year in Review

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HV on HR

December 21, 2022

Best Practices for Terminations to Avoid Damage Awards for Bad Faith Conduct

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HV on HR

November 22, 2022

Long-Term Disability Benefit Entitlement After Termination; What Does it Mean to Mitigate Damages?

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HV on HR

October 24, 2022

Deadline Reminder to Ontario Employers with 25 or More Employees – Electronic Monitoring Policy

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HV on HR

October 24, 2022

Employee Awarded $55,000 in Moral and Punitive Damages for Employer’s Post-Termination Conduct

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HV on HR

September 26, 2022

The Implications of Remorse in Workplace Investigations

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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

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HV on HR

July 21, 2022

What makes Companies Common Employers?

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HV on HR

June 24, 2022

B.C. Court Provides Guidance on Mitigating Damages After Termination

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HV on HR

May 24, 2022

Terminations for Cause: Ontario Court of Appeal Clarifies What is “Wilful Misconduct”

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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!

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HV on HR

March 18, 2022

Province Preparing Legislation Requiring Employers to Disclose Electronic Monitoring of Employees

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HV on HR

February 25, 2022

Province Provides Guidance on Disconnecting from Work Policies

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HV on HR

February 25, 2022

Are post-employment non-compete agreements entered into in Ontario prior to October 25, 2021 void?

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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

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HV on HR

December 22, 2021

COVID-19 Workplace Vaccination Policies at Arbitration; IDEL Update

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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.

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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.

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HV on HR

October 21, 2021

Humphrey v. Mene, 2021 ONSC 2539: Termination Provision Unenforceable for Lack of Consideration and Repudiation

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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.

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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

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HV on HR

August 3, 2021

B.C. Human Rights Commissioner Provides Guidance on COVID-19 Vaccination Policies in the Workplace

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HV on HR

July 21, 2021

Can Employers Require Vaccinations? Plus, a Note on Employment Agreements

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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

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HV on HR

May 17, 2021

Currie v Nylene Canada Inc. – Court finds a reasonable notice period beyond 24 months

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HV on HR

April 30, 2021

Ontario Announces Paid Sick Leave and Court Finds That Infectious Disease Leave Layoff is Constructive Dismissal

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HV on HR

April 20, 2021

Human Rights Tribunals Comment on the Objections to Wearing a Mask

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HV on HR

March 25, 2021

Pregnancy Found to be a Factor in Determining the Reasonable Notice Period

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HV on HR

February 17, 2021

Yee v. Hudson’s Bay Company – Does COVID-19 affect the reasonable notice period?

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HV on HR

January 12, 2021

Ontario Declares Second Provincial Emergency to Address COVID-19 Crisis and Save Lives

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HV on HR

December 17, 2020

Termination for Failure to Follow COVID-19 Protocols Upheld in two Recent Cases

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HV on HR

November 23, 2020

Federally Regulated Employers: New Workplace Harassment and Violence Prevention Regulations Coming into effect January 2021

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HV on HR

October 15, 2020

Supreme Court of Canada awards $1M LTIP payment for damages during reasonable notice period

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HV on HR

October 2, 2020

COVID-19: Mandatory Workplace Screening Requirements for Employers

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HV on HR

September 8, 2020

COVID-19: Update on Changes to the ESA  – Length of Temporary Layoffs Extended

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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

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HV on HR
July 27, 2020

COVID-19: Family Status and the Duty to Accommodate Childcare Needs

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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

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HV on HR
June 2, 2020

New ESA Regulation Temporarily Changes Rules to Temporary Layoffs and Constructive Dismissals due to COVID-19

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HV on HR
May, 2020

COVID-19: Employer Considerations in Returning to Work

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HV on HR
April 22, 2020

COVID-19: Update on Canadian Emergency Wage Subsidy

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HV on HR
April 3, 2020

COVID-19: Update on Federal Government Supports and Two Programs to Support Employees During the Pandemic

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HV on HR
March 31, 2020

COVID-19: Employment Standards Amendment Passed

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HV on HR
March 19, 2020

COVID-19: Update on Proposed ESA Amendment and Federal Government Supports

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HV on HR
March. 2020

Coronavirus: Workplace Considerations

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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

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HV on HR
January. 2020

Constructive Dismissal Case Affirms that Sexual Harassment can Increase Damages for Dismissal

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HV on HR
December. 2019

SCC decision on the Employee versus Independent Contractor Debate

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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

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HV on HR
October. 2019

Ontario Court Holds Saving Provision in Termination Clause Doesn’t Save the Employer. PLUS: Employers’ Obligations on Election Day

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HV on HR
September. 2019

Anti-SLAPP Motion Successful as Ontario Court Dismisses Libel Action Brought by Allstate Insurance

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HV on HR
August. 2019

Funeral Home Ordered to Pay Over $1.3 Million to Constructively Dismissed Employee on Fixed-Term Contract

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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

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HV on HR
June. 2019

Aggravated Damages Awarded for Employer’s Failure to Investigate

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HV on HR
May. 2019

Update from Alberta Court on Good Faith Obligation of Employer in Agreements with Employees

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RH on HR
April. 2019

Employer Update on Medical Cannabis in the Workplace, the Tort of Harassment, and Bill 66 Receives Royal Assent

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HV on HR
March. 2019

Rule for deduction of mitigation income in flux

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HV on HR
February. 2019

Employees over 65 can’t be denied health benefits | PLUS: Bill 66 in Second Reading

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HV on HR
January. 2019

Employee Nearing Retirement Entitled to 36 Months of Reasonable Notice. 

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HV on HR
December. 2018

Recent Human Rights Case on Discrimination in the Hiring Process | PLUS: a quick note about Bill 57 

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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 

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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 

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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.

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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

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HV on HR
September. 2018

How the Duty to Mitigate May Impact the Purchase and Sale of a Business.

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Robinson Heeney on HR

RH on HR
August. 2018

Alberta Court highlights the importance of proper workplace policies and investigations.

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Robinson Heeney on HR

RH on HR
July. 2018

A Full and Final Release May Not Protect Your Company from Future Sexual Harassment Claims.

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Robinson Heeney on HR

RH on HR
June. 2018

Is there an absolute right to use medical marijuana in the workplace- HRTO says ‘No’

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Robinson Heeney on HR

RH on HR
May. 2018

Out with the new, in with the old: Ontario to reintroduce previous calculation for public holiday pay.

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Robinson Heeney on HR

RH on HR
Apr. 2018

Court of Appeal upholds termination provision

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Robinson Heeney on HR

RH on HR
Mar. 2018

Pay Equity laws will mean big changes for Employers

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Robinson Heeney on HR

RH on HR
Feb. 2018

Employer avoids liability for providing negative reference.

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Robinson Heeney on HR

RH on HR
Jan. 2018

Ontario Court awards $750,000 in moral and punitive damages to former Wal-Mart employee.

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Robinson Heeney on HR

RH on HR
Dec. 2017

Big changes coming to the Ontario Employment Standards Act. Are you prepared?

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Robinson Heeney on HR

RH on HR
June 2017

Court of Appeal declines to deduct mitigation income from wrongful dismissal damages.

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Robinson Heeney on HR

RH on HR
March 2017

Employers may be liable for failing to protect employees from third-party cyber harassment.

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Robinson Heeney on HR

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.

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Robinson Heeney on HR

RH on HR – An Update on Employee Mitigation Obligations.
December 2016

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Robinson Heeney on HR

RH on HR – Is Your Organization AODA Compliant?
November 2016

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Robinson Heeney on HR

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.

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Robinson Heeney on HR

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.

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Robinson Heeney on HR

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.

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Robinson Heeney on HR

RH on HR – What to do about negative online reviews.
May 2016

This month, learn how to handle negative online posts from your employees.

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Robinson Heeney on HR

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.

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Robinson Heeney on HR

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.

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Robinson Heeney on HR

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.

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Robinson Heeney on HR

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.

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Robinson Heeney on HR

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.

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Robinson Heeney on HR

RH on HR
May 2015

New mandatory poster requirement under the Employment Standards Act.

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Robinson Heeney on HR

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.

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Robinson Heeney on HR

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.

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Robinson Heeney on HR

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.

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Robinson Heeney on HR

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.

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Robinson Heeney on HR

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.

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Robinson Heeney on HR

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.

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Robinson Heeney on HR

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.

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Robinson Heeney on HR

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.

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Robinson Heeney on HR

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.

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Robinson Heeney on HR

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.

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Robinson Heeney on HR

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.

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Robinson Heeney on HR

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.

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Robinson Heeney on HR

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.

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Robinson Heeney on HR

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.

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Robinson Heeney on HR

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.

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Robinson Heeney on HR

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.

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Robinson Heeney on HR

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.

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Robinson Heeney on HR

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.

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Robinson Heeney on HR

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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Robinson Heeney on HR

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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