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Ontario Human Rights Commission Issues Statement on Employer Requests for Facebook Passwords

Ontario Human Rights Commission Issues Statement on Employer Requests for Facebook Passwords

I took a strong position earlier this week that the Ontario Human Rights Code, and probably all or most other human rights legislation in Canada prohibits employers from asking for…

Can Employees Be Fired for Wearing an Orange Shirt to Work?

Can Employees Be Fired for Wearing an Orange Shirt to Work?

[UPDATE (March 27):  As noted below, contrary to the comments by 'experts' in the media report, it is unlawful for an American employer to dismiss employees for engaging in concerted…

Is the Cap on “Reasonable Notice” Damages Dead?

Is the Cap on “Reasonable Notice” Damages Dead?

One of my favorite employment law cases has always been Cronk v. Canadian General Insurance. In the lower court, Justice MacPherson, my old Dean at Osgoode Hall Law School, ruled…

Vernon v. B.C. (Liquor Distribution): A Rare Case of Punitive Damages in Wrongful Dismissal Case

Vernon v. B.C. (Liquor Distribution):  A Rare Case of Punitive Damages in Wrongful Dismissal Case

There was an interesting wrongful dismissal decision released recently by the B.C. Supreme Court called Vernon v. B.C. (Liquor Distribution Branch). It considers the issue of a verbally abusive supervisor…

How Does a Bay Street Law Firm Make a List of Most Diverse Employers?

How Does a Bay Street Law Firm Make a List of Most Diverse Employers?

Ok, I have made this point before, so I don’t want to sound like a broken record. However, since we are looking at diversity and human rights issues in my…

McLean v. Rawal Limited: Temporary Layoff is a Termination at Common Law (Again)

McLean v. Rawal Limited: Temporary Layoff is a Termination at Common Law (Again)

The recent decision of our friend Justice Kevin Whitaker (ex Chair of the Ontario Labour Relations Board) in McLean v. Rawal Limited provides is a nice review for my Employment…

Workplace Law Again Dominates HRPA Conference 2012. Why is that?

Workplace Law Again Dominates HRPA Conference 2012.  Why is that?

Not to flog a dead horse, but here I go again. I’ve noted before how I can’t grasp why Employment Law is not a required course to obtain the CHRP…

Court of Appeal on Need to Consider Employee Vulnerability in Interpretation of Contracts

Court of Appeal on Need to Consider Employee Vulnerability in Interpretation of Contracts

A 2008 decision of the Ontario Court of Appeal came up in my Employment Law class recently that I thought I would comment on.  Nothing in it is particularly novel,…

Bad Employers: Special Raspberry Prize Goes to… Premier Fitness

Bad Employers:  Special Raspberry Prize Goes to… Premier Fitness

I usually post my Bad Employer’s list monthly, as it appears on the Ministry of Labour website. However, the MOL has just issued a press release explaining how Premier Fitness…

Q&A: Can Employees Recover Reasonable Notice Damages by Filing ESA Complaint?

Q&A:  Can Employees Recover Reasonable Notice Damages by Filing ESA Complaint?

We know that an employee cannot pursue both a “wrongful dismissal” lawsuit and a claim for termination and severance pay under the Employment Standards Act. That is the effect of…