by Elizabeth McConkey | Nov 5, 2024 | Articles, Wrongful Dismissal, Wrongful Dismissal
Sexual harassment is defined and outlined in multiple pieces of legislation in Ontario. The Ontario Human Rights Code (the “Code”) defines sexual harassment and provides that employees have the right to be free from sexual harassment in the workplace. The Occupational...
by Elizabeth McConkey | May 29, 2024 | Articles, Wrongful Dismissal
In Cho v Café La Foret Ltd., 2022 BCSC 1560 the Court found that an employee (Mr. Cho) did sexually harass a subordinate (Ms. Lee), but that his conduct was not severe enough to warrant termination. Not only did the Court award Mr. Cho 5 months’ pay in lieu of notice...
by Elizabeth McConkey | Jan 29, 2024 | Articles, Human Rights
In Canada, it is law that an employer cannot discriminate against an employee on the basis of family status. Family status refers to family caregiving responsibilities. Family status is a prohibited ground of discrimination under both the Canada Human Rights Act as...
by Elizabeth McConkey | Jan 29, 2024 | Articles, Human Rights
Under the Canadian Charter of Rights and Freedoms as well as provincial and federal human rights legislation, a person cannot be discriminated against on the basis of disability. Under the Law, substance addictions (e.g., alcohol, marijuana, cocaine, and other...
by Elizabeth McConkey | Jan 16, 2024 | Articles, Wrongful Dismissal
Overview In Milwid v. IBM Canada Ltd. the Ontario Court of Appeal upheld a decision in which an employee was awarded 27 months’ notice for wrongful dismissal. This is a notable decision, as the Court confirmed that exceptional circumstances justified an award greater...
