Bottom Line A series of recent Ontario cases confirm that an employment agreement’s termination clause is entirely unenforceable if any part of the clause is found to breach the ESA. These illustrate what employers should not do but offer little guidance on what courts consider to be an enforceable ESA-minimum termination clause. The recent case […]
Filion has been recognized in the areas of Labour & Employment and Human Rights in The Globe and Mail’s list of Canada’s Best Law Firms 2025. The recognized law firms were selected based on recommendations made by clients (corporate legal departments) and lawyers (peer-to-peer) through an online survey conducted from April to May 2024.
Bottom Line In 2551965 Ontario Ltd. v. Warkentin, the Ontario Superior Court of Justice (the “Court”) identifies zero tolerance for abusive and threatening comments in professional workplaces. The decision also delineates when employee misconduct may meet the common law “just cause” standard versus the statutory “wilful misconduct” standard for termination. Overview When terminating employees for […]
Bottom Line In Zanette v. Ottawa Chamber Music Society, the Human Rights Tribunal of Ontario (“HRTO“) found that requesting that a volunteer remove a rainbow sticker from his name badge did not constitute discrimination with respect to employment on the basis of sexual orientation, gender identity or gender expression under the Ontario Human Rights Code […]
Bottom Line Two recently released decisions of the Human Rights Tribunal of Ontario (the “Tribunal”) illustrate best practices for employers handling employee requests for accommodations related to the protected ground of family status under the Human Rights Code (the “Code”): Aguele v Family Options Inc. (“Aguele”) and Cosentino v Octapharma Canada Inc. (“Cosentino”). Background In […]
We are pleased to announce that Rebecca Rosenberg, Naomi Santesteban and Adele Zhang have joined our Toronto office and another has joined our Hamilton office. Welcome all!
Bottom Line Four years after the onset of the COVID-19 pandemic, we are beginning to see judicial and arbitral clarity regarding employer conduct during this unprecedented period. In two recent decisions, Arbitrator Newman upheld the employer’s mandatory vaccination policy as clear and unambiguous and found that non-compliance with this policy is just cause for termination. […]
Bottom Line In a recent arbitral decision, Birla Carbon Canada Ltd. v Teamsters Local Union No. 879, the Arbitrator upheld the dismissal of an employee who returned to the workplace prematurely from sick leave without proper authorization. The employer in this case was successfully represented by Filion Wakely Thorup Angeletti LLP lawyers, Mark Zega and […]
A monthly bulletin specifically designed to help employers stay up-to-date on the latest global workplace trends. For the most recent global employment law updates from L&E Global, please visit Employment Law Tracker – October 2024.
Bottom Line Bill 42: An Act to Prevent and Fight Psychological Harassment and Sexual Violence in the Workplace (“Bill 42”) was adopted by the National Assembly of Québec on March 21, 2024. This legislation modified Québec labour laws with the goal of improving protections for victims of psychological harassment and sexual violence in the workplace. […]
Bottom Line As of October 1, 2024, the following provinces will see an increase to their basic minimum wage come into effect: In Case You Missed It: On September 1, 2024, the Northwest Territories saw the basic minimum wage increase to $16.70/hour. Further minimum wage increases across Canada will occur periodically through 2025, with at […]
We are thrilled to announce that Filion has once again been recognized as one of Canada’s Top law firms! We’re proud to be ranked as a leading employment & labour law firm, both nationally and in Ontario, in the Chambers Canada Guide 2025. The Firm is noted for having “a highly cohesive team, one that […]