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In proving sexual harassment you can’t just rely on an investigation report

In Kozar v The Canadian National Railway Company (2024 MBKB), Justice Rempel heard a summary judgement motion regarding a 61 year old Senior Material Supervisor with 34 years service who was terminated for sexual harassment.

Barry B. Fisher LL.B.

Time to read 3 minutes read
Calendar March 19, 2024
due process
employment law
sexual harassment
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Employee time theft and employer remedies

“Time theft” describes situations where an employee is paid for time they knowingly misrepresent as having been worked. Time theft may take many different forms.

Vey Willetts LLP

Time to read 4 minutes read
Calendar March 15, 2024
dismissal for cause
employment law
repayment for time theft
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Take note – Maternity leave and EI changes proposed

On November 30, 2023, the federal government proposed to amend the federal Employment Insurance Act and the Canada Labour Code. The landscape of protected time off and rights to EI is changing again.

Simes Law

Time to read 4 minutes read
Calendar March 14, 2024
adoption
discrimination
EI maternity benefits
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You’re fired: Welcome back!

When litigation can’t solve the issue of how much severance, the employer has a potent weapon in its arsenal that many overlook – either offering a job, or finding a job offer for the employee.

Rudner Law, Employment / HR Law & Mediation

Time to read 4 minutes read
Calendar March 1, 2024
Dismissal
duty to mitigate
employment law
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Wrongful resignation: rarely worth the effort

Less well known is the corollary of wrongful dismissal: wrongful resignation. Just as employers are obligated to give notice prior to terminating the employment relationship, so too are workers.

Vey Willetts LLP

Time to read 4 minutes read
Calendar February 15, 2024
employment agreement
employment contract
employment law
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Handling employee terminations: Practical guidance for without-cause dismissals in Canada

If you are terminating an employee with cause, you need to provide the reason. If you are terminating an employee without cause, this becomes more nuanced.

SpringLaw

Time to read 4 minutes read
Calendar February 14, 2024
employment contract
employment law
termination
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Bill 149: a focus on hiring employees and employers’ use of AI

On November 14, 2023, Bill 149, Working for Workers Four Act, 2023, received first reading in the Ontario legislature, and on November 23, 2023, it received second reading and was ordered to the Standing Committee on Social Policy.

Christina Catenacci, BA, LLB, LLM, PhD

Time to read 7 minutes read
Calendar January 19, 2024
artificial intelligence
Bill 149
employment law
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This case covers almost everything you need to know about wrongful dismissal

In Jimmy How Tein Fat v. PRGX Canada Corp., 2023 ONSC 6374, Justice Callaghan ruled on many issues that commonly arise in wrongful dismissal actions and therefore provides a useful guide to the leading cases and what they stand for.

Barry B. Fisher LL.B.

Time to read 6 minutes read
Calendar January 15, 2024
bonus after dismissal
damages
employment law
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Independent contractor awarded damages for termination of fixed-term contract without notice

Misclassification of employees as independent contractors is one of the most common issues in the world of employment law. Employers and employees often do not realize that it does not matter what they “agree” to – even if they stamp the label of contractor in the written agreement, courts will look at the true nature of the relationship.

Rudner Law, Employment / HR Law & Mediation

Time to read 4 minutes read
Calendar January 5, 2024
damages
dependent contractor
employment law