PRACTICE AREA: Labour & Employment

Plaintiff found to have been constructively dismissed when her employer yelled at her to “get out” and said that he did not want to see her “ugly face” again.

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Ontario (Energy Board) v. Ontario Power Generation Inc. (2015) 95 Admin. L.R. (5th) 1, [2015] 3 S.C.R. 147, 388 D.L.R. (4th) 540, 338 O.A.C. 1, 475 N.R. 1, 2015 CarswellOnt 14396, 2015 CarswellOnt 14395, 2015 CSC 44, 2015 SCC 44 (S.C.C.) Supreme Court of Canada

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Digest of the Week | Fixed-Term Employment Contract

If a fixed-term contract ends early, employee may be entitled to wages they would have been entitled to at the end of the contract.

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Toronto District School Board and OSSTF, District 12 (11-83), Re (2015) 2015 CarswellOnt 12354 Ontario Arbitration

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Digest of the Week | Non-Compete Clause

Non-compete clause found not to apply where employee was dismissed for economic reasons.

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ADT Security Systems Inc. and IBEW, Local 213 (Alternate Saturday Shift Policy), Re 2015 CarswellBC 3527 British Columbia Arbitration

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Calculation of damages must consider that employee chose hourly compensation model and assumed 100 per cent risk of lack of billable hours.

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Centre for Immigrant & Community Services and Workers United Canada Council, Local 136 (DeLuca), Re (2015) [2015] O.L.A.A. No. 367, 2015 CarswellOnt 14905 Ontario Arbitration

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Digest of the Week | Dependent Contractors

This digest highlights a recent Ontario Court of Appeal decision where workers were found to be dependent contractors entitled to reasonable notice.

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Computer Enhancement Corp. v. J.C. Options (2016) 28 C.C.E.L. (4th) 14, 2016 CarswellOnt 952, 2016 ONSC 452 Ontario Superior Court of Justice

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This digest highlights a recent B.C. Human Rights Tribunal decision where damages were awarded for religious harassment.

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Motor Coils Manufacturing Ltd. and Unifor, Local 520 (Steacy), Re (2015) [2015] O.L.A.A. No. 263, 2015 CarswellOnt 10254 Ontario Arbitration

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