January 26, 2017

“Qualified Practitioners”, “Students in Training” and Overtime

If you operate a company or firm that employs a “duly qualified practitioner of … public accounting” or “a student in training” for “public accounting” then you had better become familiar with two recent cases out of the Ontario Labour Relations Board (the “OLRB”). The first, Stan Seidenfeld Professional Corporation v Huihua (Linda) Peng, 2016 CanLII [...]

January 16, 2017

When is a Resignation a Real and Enforceable Resignation?

What, at law, is a valid and enforceable resignation? The Ontario Superior Court of Justice considered this, among other things, in Johal v Simmons da Silva LLP, 2016 ONSC 7835 (CanLII). Johal was a senior law clerk at the defendant law firm. She was 62 years of age having worked at the firm for 27 years. [...]

January 12, 2017

Reinstatement of an Employee Who Engaged in and Admitted Misconduct

On Ontario arbitrator reinstated an employee who placed 101 calls to Jamaica over a two-year period using Air Canada calling cards made available to “to Customer Sales and Service Agents for distribution to passengers affected by Irregular Operations in order that they may contact family members”. The grievor was interviewed and “immediately and truthfully acknowledged her conduct [...]

April 1, 2016

Court of Appeal Upholds 26 Months Notice to Dependent Contractor

The Ontario Court of Appeal considered whether the plaintiffs were employees, dependent contractors or independent contractors and what entitlement they had on termination.  The case is Keenan v. Canac Kitchens Ltd., 2016 ONCA 79 (CanLII). Lawrence Keenan worked for the defendant, Canac Kitchen, from 1976 to 2009 (33 years).  He worked as a kitchen installer for 6 [...]

March 31, 2016

Congratulations to All the Oakville Chamber Award Recipients

Congratulations to all the winners at recent 21st annual Oakville Awards for Business Excellence gala hosted by the Oakville Chamber of Commerce.  In particular, we’d like to extend congratulations to Denninger’s for taking home the well deserved Oakville Hydro Conservation Leadership Award.  See the full list of winners at OABE celebrates top businesses in Oakville.

November 4, 2015

Admissibility of Cell Phone Records and More

An Ontario arbitrator in Corporation of the City of Niagara Falls v Amalgamated Transit Union, Local 1582, 2015 CanLII 67502 (ON LA) recently considered a production request by an employer for an employee’s cellular phone records in the context of a discipline case. In this case, a bus operator was suspended for three days the without [...]

November 2, 2015

Dependent Contractor Receives 26 Months Notice of Termination

In Keenan v. Canac Kitchens, Lawrence Keenan worked for the defendant, Canac Kitchen, from 1976 to 2009 (33 years).  He worked as a kitchen installer for 6 or 7 years, then became a foreman in 1983.  Although Lawrence’s job title changed to Delivery and Installer Leader, his duties were, essentially, unchanged.  Lawrence’s spouse, Marilyn, began working [...]

October 1, 2015

Testifying by Teleconference at the Ontario Human Rights Tribunal

The Ontario Human Rights Tribunal has recently confirmed that it will generally not allow testimony by teleconference where the credibility of the witness is a significant issue or where the witness’ evidence is extensive or key to the proceeding.  A leading case is Zeividavi v. Catholic Immigration Services, 2011 HRTO 406 (CanLII) where the Tribunal [...]

September 25, 2015

Michael Fitzgibbon interviewed in Canadian Lawyer Magazine

Michael Fitzgibbon was recently interviewed for a Canadian Lawyer magazine article Shaking up labour laws in which he discussed the province-wide Changing Workplace Review Process.  Mike also wrote an article about this in our Summer 2015 newsletter.

August 25, 2015

When Must an Employee Mitigate With the Same Employer?

The British Columbia considered this question in Fredrickson v. Newtech Dental Laboratory Inc., 2015 BCCA 357 (CanLII).  The trial judge found that the plaintiff failed to mitigate her damages because she did not accept an offer of re-employment from her employer.  She appealed and the Court of Appeal allowed her appeal and in so doing clarified [...]