Bottom Line
In a recent decision, the Court of Appeal for
Ontario upheld the lower court s decision awarding a former
employee over $1.274 million as a result of the employer
unilaterally imposing a number of changes to the terms of
employment. The employment relationship was governed by a 10-year
fixed term contract with no termination provision. This is one of
the highest damage awards ever issued in a Canadian wrongful
dismissal case. It serves as a stark reminder to employers that
using fixed-term contracts can be extremely costly if they are not
carefully and properly drafted.
Background
The respondent, Grant McGuinty, sold his family s funeral
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As we entered a new decade in 2020, Canada saw significant
developments in labour and employment law, some of which related to
COVID-19. This Insight provides an overview of 14 key 2020
developments, with links to more detailed articles and
commentary:
Ontario Superior Court recognized a new invasion of
privacy tort: publicity which places the plaintiff in a false
light in the public eye.
The recognition by Ontario s Superior Court of the new false light privacy tort in a family law case,
, was significant to employers. The
In
Garda Grievance), a labour arbitrator dismissed a
grievance pertaining to the for-cause dismissal of a unionized
employee who continued to work at an airport while awaiting
COVID-19 test results. The arbitrator determined that the
grievor was aware of and violated her employer s guidelines and
Public Health Agency of Canada s COVID-19 guidelines
(Guidelines) when she went to work after being tested for COVID-19
and while waiting for her results, rather than self-isolating as
she was required to do. The arbitrator concluded that these
actions justified her for-cause dismissal.
Background
On March 27, 2020, the employer shared with its employees the
Guidelines, which require isolation while waiting for a COVID-19
Background
Back in May, in response to the enormous economic impact of
COVID-19 on both employers and employees alike, the Ontario
government passed
Employment Standards Act,
2000 designed to help employers and employees cope with
temporary business interruptions caused by COVID-19 and related
restrictions. Under the regulation, non-union employees whose wages
are reduced or whose hours of work are temporarily reduced or
eliminated due to COVID-19 will not be considered statutorily laid
off or constructively dismissed. Instead, such employees will be
deemed to be on job-protected infectious disease emergency
leave in respect of any time during the COVID-19
period that they do not perform the duties of their position.