Why You Need To Use the Correct Pronouns for Your Employees

In the recent Nelson v. Goodberry Restaurant Group Ltd. dba Buono Osteria and others, 2021 BCHRT 137 case, the BC Human Rights Tribunal (“Tribunal”) considered a complaint by an employee who asked to be addressed by “they/them” pronouns.    The employee, Jessie Nelson, was a non-binary person who used they/them pronouns.  Jessie worked at a ...

Mandatory vaccination policy found to be reasonable

In a March 17 arbitration award, yet another Ontario arbitrator found a mandatory vaccination policy to be reasonable. In Unifor Local 973 and Coca-Cola Canada Bolling Limited the arbitrator reviewed the significant impact that COVID-19 had had on the workplace including the death of two employees and 13% of employees testing positive for COVID-19 in ...

Can your employees collect severance from your affiliated companies?

31. March 2022 0
A recent decision from the Ontario Court of Appeal provides clarification on when the common employer doctrine will make a corporation liable for amounts owing to an individual employed by a related corporation. The plaintiff, Mr. Reilly served as CEO for both ClearMRI Solutions Ltd. (“ClearMRI Canada”) and ClearMRI Solutions, Inc. (“ClearMRI US”). Mr. Reilly’s ...

Even innocent mistakes can lead to punitive damages

29. March 2022 0
In Moffatt v Prospera Credit Union, 2021 BCSC 2463, Ms. Moffatt commenced an action against her former employer, Prospera Credit Union (“Prospera”) for wrongful dismissal. She had been terminated without cause. Prior to her termination, Ms. Moffat had been employed as a Financial Services Associate under different contractual arrangements. She had worked casual, part time, and ...

Secret recordings of coworkers provide cause for termination

In Shalagin v Mercer Celgar Limited Partnership, 2022 BCSC 112 the court considered an allegation of cause that arose after termination. Specifically, the terminated employee was a Certified Professional Accountant employed by the defendant for 10 years.    The employee was terminated on a without cause basis and provided payment based on the Employment Standards ...

Non-compete clauses now prohibited in Ontario

In Ontario, you cannot have a non-competition clause with employees except in very narrow circumstances.  On February 2, 2022, we posted about one part of the Working for Workers Act (“Act”) that came into force in Ontario in December 2021.  The Act requires employers to create a policy about the employee’s right to disconnect.  You ...