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Andrew Pinto issues Consultation Paper in review of Ontario Human Rights system

Jurisdiction: - Ontario

On August 12, 2011, the Attorney General of Ontario appointed Andrew Pinto to conduct a review of the Ontario Human Rights system as required under section 57 of the Ontario Human Rights Code. Mr. Pinto has now issued this Consultation Paper.

Dismissal for just cause referred to as the "capital punishment" of employment law

Jurisdiction: - Ontario
Sector: - Manufacturing

In this passage in Plester v. Polyone Canada Inc., 2011 ONSC 6068, the court stated that just cause dismissals have been referred to as the "capital punishment" of Canadian employment law:

[32]           The law of employment in Canada requires employers to provide adequate notice before dismissing an employee. Where the employer wishes to dismiss n employee summarily, on the basis of misconduct, the onus is on the employer to show just cause.  read more »

Ontario Government introduces 8-week Family Caregiver Leave

Topics: - Leaves & Vacations
Jurisdiction: - Ontario

The Ontario Government announced on December 8, 2011 that it is introducing new
legislation to help caregivers by providing for a Family Caregiver Leave.

Taken from the Ministry of Labour's website, the key facts concerning the leave are:

  • The Family Caregiver Leave, if passed, would build on the existing Family Medical Leave by amending the Employment Standards Act to provide up to 8 weeks of unpaid job leave for employees to provide care and support to a sick or injured family member.
  • The Family Caregiver Leave would be separate from the current Family Medical Leave which is available when a family member has a serious medical condition with a significant risk of death occurring within 26 weeks.
  • Under the Family Caregiver Leave, caregivers would be eligible for the leave to care for:

    • Their spouse.

    • A parent, step-parent, or foster parent of the employee or the employee's spouse.

    • A child, step-child, or foster child of the employee or the employee's spouse.

Ontario arbitrator addresses Bill 168 provisions concerning verbal threats of physical violence

Jurisdiction: - Ontario

In Kingston (City) v. Canadian Union of Public Employees, Local 109 (Hudson Grievance), [2011] O.L.A.A. No. 393 (Newman), the arbitrator upheld the dismissal of 28-year employee who uttered death threats at a co-worker.

Tha arbitrator also outlined how, in her view, Bil 168 changed the legal analysis in Ontario in four ways in cases involving verbal threats in the workplace, stating:  read more »

Entire agreement clause prohibits former CEO's claims for collateral agreement and negligent misrepresentation

Jurisdiction: - Ontario

In McNeely v. Herbal Magic Inc., 2011 ONSC 4237 the court ruled that an "entire agreement" clause in the employment contract (and in another agreement) was fatal to a former president and CEO's claim for damages for breach of a collateral agreement and for negligent misrepresentation against the company that he used to work for and that had terminated his employment.