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Employer Obligations: Religious Holidays

While most of the Ontario workforce provides employees with pay for statutory holidays, at times employers make an employment law faux-pas in improperly handling religious observances and holiday conflicts which fall outside of the regular statutory holiday list. This was the main issue in Commission scolaire régionale de Chambly v. Bergevin, [1994] 2 S.C.R. 525 …

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Long Term Disability Benefits: Does Your Insurance Company Really Have the Last Word?

As an employment law firm, we get many questions surrounding disability benefits and entitlements to these benefits. One of the most common issues arises wherein a disabled employee has been denied benefits or the renewal of benefits on the basis that they are not “totally disabled” within the meaning of the applicable policy. The concept …

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Duty to Mitigate

If your employer offers you a new job after you have been laid off, are you required to mitigate by taking it? This weeks’ blog post addresses the limits to which a terminated employee must comply with employer demands. Duty to Mitigate – Offer of Employment While not a common problem, employees who are laid …

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Bank of Canada Governor Stephen Poloz Fails Youth With Comments

Bank of Canada Governor Stephen Poloz recently made some misguided comments on solutions for young people who are having difficulty obtaining secure employment. However, these actions can potentially put the financial, and physical, safety of our youth at risk. Poloz made the following statement to Ottawa reporters on November 3, 2014: “When I bump into …

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Facebook & Wrongful Dismissal: How Oversharing Could Result in Your Termination

Facebook, a popular social network that began in 2004, is a place where many people have been tagged in, or submitted posts which could be classified as “less-than-becoming”. But what happens when such a post is seen by your boss/co-workers or is about your boss/co-workers? The following matters demonstrate what can happen when an employee …

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Is Dependency on Smoking A Protected Ground Under The Ontario Human Rights Code?

When you think of a substance dependency as a disability, you typically think of alcoholism or mood-altering drugs. However, the idea that dependency on cigarettes may fit within a similar category as alcoholism is being approached by human rights tribunals. Section 5 (1) of the Ontario Human Rights Code, R.S.O. 1990, c.19 (the “Code”) protects …

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Are Employers Required To Allow An Employee To Have Their Working Animal With Them At Work?

Everyone has heard of “bring your pet to work day” but are there any cases where employers are required to allow an employee to have their animal with them at work? In fact, where that animal assists with a disability this can actually be the case. Seeing Eye Dogs and Accommodation Typically, animals, such as …

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Employment Law Misconceptions Regarding Minimum Entitlements

Despite employment being a major part of our lives, many individuals are unaware of what they are entitled to upon termination without cause. Perhaps the most common misconception is that the maximum notice a terminated individual is entitled to is 8 weeks, a statement made by the Ministry of Labour, in the “Termination and Severance” …

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Fixed Term Contracts

Typically, when analyzing contractual language in order to determine its proper meaning, the ‘correct’ interpretation is based on the parties’ intentions at the time of the contract’s signing. But what happens in the case of ‘fixed term contract’ employees? Is strong contractual language enough to deny that individual a reasonable notice period and other benefits …

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Failure to Provide References a Critical Mistake For Employers

Typically, an employee who has been terminated or laid off has not left the employment relationship on the best of terms. While an employer may be reluctant to provide a glowing reference or assist the employee in obtaining re-employment, this can be a costly mistake. The courts have also recently addressed the requirement of employers …

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