CONSTRUCTIVE DISMISSAL – Update from the Supreme Court Many of us experience variations in our work and working conditions. However, if a change is significant enough it may amount to constructive dismissal. Constructive Dismissal Definition A constructive...
The Cost Of Terminating an Employee Who Has Recently Returned to Work Following a Pregnancy Leave Pregnant employees have special rights under the Employment Standards Act and the Human Rights Code. And most judges are sympathetic to the problems that women face when...
Yet Another Reason Not to Use Fixed-Term Contracts I do not like fixed-term contracts. In my experience, a contract of indefinite employment with a termination clause is a better option for an employer in almost every situation. This blog summarizes a recent...
Angelina Jolie and Transgender Rights Recently, it was reported that Brad Pitt and Angelina Jolie’s child who was assigned female gender at birth has been wearing traditionally male attire and has requested to be called John (see here). While John may face societal...
Ontario Liberal Government Introduces Legislation to Create a Provincial Pension Plan On December 8, 2014, the Ontario government introduced Bill 56 which if passed into law will be called the Ontario Pension Plan Act, 2014. Under Bill 56, employees who are not part...
Jian Ghomeshi: Legal Shades of Grey (Part III) The Background On October 27, 2014 the CBC terminated Mr. Ghomeshi’s employment. Later that day he disclosed some intensely private information about his sex life in a public Facebook post. On October 28, 2014 I posted a...
Constructive Dismissal Update: 2014 Decisions I am often asked whether a change in employment (or more than one change) is a constructive dismissal. If so, the employee can quit and claim damages for pay in lieu of notice of termination. If not, the person receives no...
Breach of Privacy: Why Spying On Your Ex (or anyone else) Will Cost You In 2012, the Ontario Court of Appeal established greater protections for privacy. In the case Jones v. Tsige, the Court established the new tort of intrusion upon seclusion. In that case, an...