On January 4th, only four days into the New Year 2022, Arbitrator Robert J. Herman released a decision regarding a COVID-19 vaccine policy put in place by the employer Bunge Hamilton Canada, Hamilton, Ontario (“Bunge”). This decision is among the first of many...
A recent decision of the Ontario Superior Court, Campbell-Givons v. Humber River Hospital, like many others over the past year, involved an employee who had been fired pursuant to a “just cause” termination provision. As we have seen, employment contracts that allow...
In Canadian employment law, not all employees or dependent contractors are alike. Some, by virtue of their high position with the employer’s organizational hierarchy, are a type of employee that owe greater obligations to their employer than other employees....
Generally speaking, a wrongfully dismissed employee has a duty to mitigate their damages by seeking alternative employment. If they are successful in finding new employment, the income they receive from that new employment will typically result in a deduction to the...
The Canadian Industrial Relations Board has released new decisions concerning the “managerial exception” found in section 167(3) of the Canada Labour Code – a provision which excludes “Managers” from the Code’s unjust dismissal regime. This decision follows the...
