Robinson Heeney LLP - Toronto Employment Lawyers

Newsletter

Current Issue

Robinson Heeney June 2017 NewsletterRH on HR
June 2017

Court of Appeal declines to deduct mitigation income from wrongful dismissal damages. Read Newsletter.

 

 


Previous Issues

Robinson Heeney March 2017 NewsletterRH on HR
March 2017

Employers may be liable for failing to protect employees from third-party cyber harassment. Read Newsletter.

 

 


Robinson Heeney January 2017 NewsletterRH on HR
January 2017

A recent decision from the Ontario Divisional Court has clarified the law surrounding an employer’s right to terminate its employees without cause during a probationary period. Read Newsletter.

 

 


Robinson Heeney December 2016 Newsletter An Update on Employee Mitigation ObligationsRH on HR – An Update on Employee Mitigation Obligations.
December 2016

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Robinson Heeney November 2016 Newsletter Is Your Organization AODA CompliantRH on HR – Is Your Organization AODA Compliant?
November 2016

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Robinson Heeney September 2016 Newsletter Terminated Employees Are Likely Eligible for Their Full Bonus During the Notice PeriodRH on HR – Terminated Employees Are Likely Eligible for Their Full Bonus During the Notice Period.
September 2016

Two new Court of Appeal decisions hold employers liable for bonus payouts throughout the notice period, following termination without cause. Read Newsletter.

 

 


Federally Regulated Employees Now Afforded Union-Like Protection from TerminationRH on HR – Federally Regulated Employees Now Afforded Union-Like Protection from Termination.
August 2016

The Supreme Court of Canada recently affirmed an employee’s right in a federally regulated industry (like banking) to be protected from dismissal without cause in all but a few circumstances. Read Newsletter.

 

 


Robinson Heeney July 2016 Newsletter Court of Appeal Says Mistakes In Termination Provisions May Not Void AgreementsRH on HR – Court of Appeal Says Mistakes In Termination Provisions May Not Void Agreements.
July 2016

The Court of Appeal recently upheld a decision effectively undermining the prevailing case law on what makes a termination provision unenforceable. Read Newsletter.

 

 


Robinson Heaney RH on HR Newsletter May 2016RH on HR – What to do about negative online reviews.
May 2016

This month, learn how to handle negative online posts from your employees. Read Newsletter.

 

 


Robinson Heaney RH on HR Newsletter April 2016RH on HR – Think twice before ending a fixed term contract early.
April 2016

This month, the Court of Appeal reminds employers to take special care when drafting fixed term contracts. Learn how you and your contracts could be putting you at undue risk for damages upon dismissal. Read Newsletter.

 

 


Employment Law Newsletter March 2016 UpdateRH on HR
March 2016 Update

In this mid-month update, find out the latest on the new Ontario legislation governing Police Record Checks. Read on to learn about the changes and how they will affect your workplace. Read Newsletter.

 

 


Employment Law Newsletter March 2016RH on HR
March 2016

A recent decision by the Ontario Court of Appeal upholds a lower court’s determination that an independent contractor was actually a dependent contractor, and was therefore entitled to a whopping 26-month notice period upon termination. Read on to find out what this means for you, and how to protect the terms agreed to when engaging with or as a contractor. Read Newsletter.

 

 


Employment Law Newsletter January 2016RH on HR
January 2016

If Bill 132: Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2015, is enacted, it will create new obligations and protections for everyone in the workplace. In this issue, find out how it could affect you, and how to be prepared.
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Employment Law Newsletter July 2015RH on HR
July 2015

This issue discusses the use of audio and video recordings in the workplace and how to tackle them using a workplace policy.
Read Newsletter.

 

 


Employment Law Newsletter June 2015RH on HR
June 2015

The importance of commencing an employment relationship with a written employment contract as well as properly characterizing the employment relationship.
Read Newsletter.

 

 


Employment Law Newsletter May 2015RH on HR
May 2015

New mandatory poster requirement under the Employment Standards Act.
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Employment Law Newsletter April 2015RH on HR
April 2015

This issue explores the law on the enforceability of termination provisions within employment contracts and how it continues to evolve. We have seen a number of cases strick down clauses that previously had been upheld by the Court. We have recently made revisions to our recommended language for termination provisions and invite you to contact us so that we can review your existing contract and make the appropriate revisions with respect to termination and Employment Standards Act compliance, if they are required. If your organization does not currently have employment contracts, we would be happy to assist in creating one.
Read Newsletter.

 


Employment Law Newsletter March 2015RH on HR
March 2015

This issue explores the Supreme Court of Canada and its decision in Potter v. New Brunswick Legal Aid Services Commission which is its first decision on constructive dismissal in 18 years.
Constructive dismissal remains an area of the law that can be tricky and is very case dependent, especially with the recent clarifications in the state of the law. Employers are well advised to seek legal advice when dealing with a potential constructive dismissal situation.
Read Newsletter.

 


Employment Law Newsletter February 2015RH on HR
February 2015

This issue is about entitlement to further pay in lieu of reasonable notice. James represented the plaintiff in Donath v Hughes Containers Ltd., and the Court applied a new method of dealing with the Plaintiff’s mitigation of damages during the remainder of the notice period. In order to deal with this issue, the Court ordered the Defendant to pay to the Plaintiff an additional two months of notice at the end of the 12 month notice period subject to her ability to mitigate her damages.
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Employment Law Newsletter January 2015RH on HR
January 2015

This issue addresses the additional responsibilities for employers which are being implemented over the next few years under the Accessibility for Ontarians with Disabilities Act (AODA), and also addresses oranigzations’ obligations with respect to the Human Rights Code.
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Employment Law Newsletter October 2014RH on HR
October 2014

This issue of the importance of employers taking the duty to accommodate under the Code seriously and also reinforces the breadth of the Tribunal’s remedial jurisdiction; the Tribunal has the broad remedial jurisdiction to order anything that is necessary to ensure compliance with the Code, and we use the case of Hamilton-Wentworth District School Board v. Fair to highlight these points. We provide updates on future speaking engagements and links to our social media.
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Employment Law  Newsletter September 2014RH on HR
September 2014

Issue explores The Human Rights Tribunal of Ontario’s decision in Morgan v. University of Waterloo and David MacKay and how it not only reiterates the importance of conducting an investigation into human rights complaints but also indicates that following a reasonable investigation process, even if it is not perfect or a different finding was possible, may reduce, if not eliminate, the damages faced by an employer. Waterloo avoided liability due to its reasonable investigation.
Read Newsletter.

 


Employment Law Newsletter August 2014RH on HR
August 2014

Kevin Robinson recently successfully represented a plaintiff at trial and was also awarded costs. The plaintiff brought a claim against the company and the issues at trial were: Whether the plaintiff was an employee or independent contractor of the company; Whether the plaintiff resigned or was terminated from the company; and If the plaintiff was terminated, what was the appropriate amount of severance. Kevin and his client were successful on all three issues before the court and the judge awarded damages and costs.
Read Newsletter.

 


Employment Law Newsletter July 2014RH on HR
July 2014

This issue explores the recent Ontario Human Rights Commission policy regarding preventing discrimination based on mental health disabilities and addictions, as well as provides an update on statutory severance pay under the Employment Standards Act, 2000. The issue also provides updates on past and upcoming speaking engagements, as well as links to our social media platform.
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Employment Law Newsletter June 2014RH on HR
June 2014

This issue explores the Federal Court of Appeal reasoning regarding family status protection and new leaves of absence under the Employment Standards Act, 2000. It also provides updates on past and upcoming speaking engagements, as well as links to our social media platform.
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Employment Law Newsletter May 2014RH on HR
May 2014

This issue discusses a recent case wherein the Ontario Court of Appeal drastically reduced a high award of punitive damages against Wal-Mart Canada Corp. and an individual defendant. The issue also provides an update on upcoming speaking engagements and links to our social media platform.
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Newsletter April 2014RH on HR
April 2014

This issue discusses the “Policy on preventing discrimination because of gender identity and gender expression” recently released by the Ontario Human Rights Commission. It explores some implications for employers and highlights some of the helpful guidelines provided within the policy. The issue also provides an update on upcoming speaking engagements and links to our social media platform.
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Employment Law Newsletter March 2014RH on HR
March 2014

This issue examines the new training requirements under the Occupational Health and Safety Act (OHSA) in Ontario, which will require all employers in Ontario to provide employees with mandatory basic occupational health and safety awareness training by July 1, 2014 or “as soon as practicable”. It provides an overview of the information that should be included in such training, both for workers and supervisors. The issue also provides an update on upcoming speaking engagements, as well as links to our social media platform.
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Employment Law Newsletter February 2014RH on HR
February 2014

This issue provides an update on Accessibility for Ontarians with Disabilities Act Compliance, outlining the establishment of accessibility policies, accessibility plans, self-service kiosks and accessible websites and web content. It also provides updates on our past and upcoming speaking engagements, as well as links to our social media platform.
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Employment Law Newsletter January 2014RH on HR
January 2014

This issue provides a look at contract damages, and a recent case in which the Supreme Court of Canada held that a former employee’s receipt of pension benefits during the reasonable notice period should not result in a reduction of the wrongful dismissal damages owed by the employer. The issue also provides an update on upcoming speaking engagements, as well as links to our social media platform.
Read Newsletter.


Employment Law Newsletter December 2013RH on HR
December 2013

This issue examines a decision at the Ontario Labour Relations Board (OLRB) clarifying that a decision to terminate an employee because he or she has brought forward a harassment complaint can constitute reprisal and may attract the consequences of section 50 of the Occupational Health and Safety Act (“OHSA”). The issue also provides updates on speaking engagements and publications, as well links to our social media platform.
Read Newsletter.


Employment Law Newsletter November 2013RH on HR
November 2013

This issue discusses a case that has been developing for more than five years and which Robinson Heeney has been carefully watching, in which the Court of Appeal recently reduced a trial award of $550,000.00 in punitive damages to $450,000.00. Despite the reduction in the punitive damage award, this case represents one of the highest, if not the highest, employment law punitive damage award in Canada. Updates are also provided on upcoming and previous news and speaking engagements, as well as how to follow the firm via social media.
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Employment Law Newsletter October 2013RH on HR
October 2013

This issue examines a matter in which James Heeney recently successfully represented numerous complainants in their allegations against senior faculty within the business school at McMaster University. The decision resulted in the discipline of six professors, including the suspension of five. This case is precedent setting as it relates to non-Code harassment in the workplace and makes it clear that harassment complaints have traction and can attract serious consequences. The issue also provides an update on our past and upcoming engagements and publications, as well as links to our social media platforms.
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Employment Law Newsletter Sept. 2013RH on HR
September 2013

RH on HR is back after a summer hiatus. This month’s issue provides an overview of a recent Human Rights Tribunal of Ontario decision regarding a complaint of discrimination following a workplace investigation at Centennial College. The case highlights the importance of conducting thorough workplace investigations with an experienced, external investigator. Updates are provided on our past and upcoming engagements and publications, as well as how to stay updated with the firm via social media.
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Employment Law Newsletter March 2013

RH on HR
March 2013

This month’s issue provides an overview of a recent decision of the Ontario Labour Relations Board regarding termination pay for seasonal employees. An Employment Standards Officer initially ruled that terminating seasonal ski resort employees constituted “mass termination”, and as such, the employer must comply with the provisions of the ESA which required, among other things, that the ski resort provide each employee with sixteen (16) weeks’ notice or pay in lieu of notice of the termination of his/her employment. The ski resort appealed this decision and, in submissions made by our firm on behalf of the ski resort, argued that the employees were employed on a fixed-term basis which exempted them from notice/pay in lieu of notice requirements under the ESA. The issue explores the resulting decision of the OLRB, as well as some lessons for employers that can be taken from this. Updates are provided on our past and upcoming engagements and publications, as well as how to stay updated with the firm via social media.
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Employment Law Newsletter January 2013

RH on HR
January 2013

This month’s issue addresses the recent case law developments with respect to an employee’s duty to mitigate as set out in law. Specifically, it emphasizes the importance of overtly stating a duty to mitigate within employment contracts along with a fixed term of notice – without doing so, there is no lawful duty for the employee to mitigate losses. The issue also explores termination provisions relating to the continuation of benefits and the case law surrounding this, as well as examining the limitations on notice periods with respect to termination. Updates are provided on our past and upcoming engagements and publications, as well as how to stay updated with the firm via social media.
Read Newsletter.


Employment Law Newsletter December 2012

RH on HR
December 2012

This month’s issue provides an update on the Accessibility for Ontarians with Disabilities Act (“AODA”). It aims to illuminate pressing issues with regard to compliance with the Accessibility Standards for Customer Service, and the corresponding deadline for compliance reports with respect to this provision of the Act. It also outlines a recent decision of the Ontario Court of Appeal on the subject of the amount of damages for which employers and individuals may be responsible for post-introduction of Bill 168. From this, it explores the implications of this case, among others, in terms of employer and company liability. The issue also provides updates on our past and upcoming engagements, as well as an overview of our charitable initiatives for the holiday season.
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Employment Law Newsletter November 2012

RH on HR
November 2012

This month’s issue provides a detailed look at conducting workplace investigations, and the potential impact of a workplace investigation not thoroughly completed. The article explores a recent case with the Human Rights Tribunal of Ontario, in which they considered the impact of a faulty investigation on a particular applicant. The case included an applicant who had filed a complaint for harassment against her supervisor with the claim that he had harassed her on the basis of her colour, ethnic origin or place of origin or, alternatively, had sexually harassed her. This issue explores the problems inherent in the internal investigation with respect to the applicant, as well as the consequences of conducting an improper investigation. From this, it draws some significant conclusions with respect to the analysis of the Tribunal and its implications for workplace investigations. The issue also provides updates on our past and upcoming engagements and publications.
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