New Tort Allows An Employee to Sue An Ontario Employer For Harassment

March 30, 2017
Blog Post

In Merrifield v The Attorney General, the Ontario Superior Court has made it clear that an employee can sue an employer for harassment. The Court sets out a four-part test that needs to be met in order to recover damages for this new tort of harassment, which necessarily includes evidence of outrageous employer behaviour.

How To Mess Up A Dismissal – Just A Few Easy Steps!

March 14, 2017
Blog Post

Can an employer simply sweep sexual harassment complaints under the rug? Can you be fired for making the complaint, or because of your gender? A recent case confirmed that a reasonable, impartial and thorough investigation is necessary when a complaint of sexual harassment in the workplace is made. Also, it reinforced that an employer must act in good faith when terminating an employee.

Is the Unofficial Reasonable Notice Cap Officially Gone?

February 22, 2017
Blog Post

If I am terminated without cause, what reasonable notice am I entitled to? Is there a maximum amount? Employees who have been terminated without cause often file a claim against their former employer. If the employee is successful in proving their claim, the court will then determine the length of notice that the employer should have provided to the employee.

[Media Release] BlackBerry Class Action

February 16, 2017
Blog Post

Nelligan O’Brien Payne LLP has commenced a class action against BlackBerry Limited (“BlackBerry”) on behalf of a group of BlackBerry’s employees working in Ontario and across Canada.

Family Day – Who Is Entitled To A Day Off?

February 15, 2017
Blog Post

Family Day was introduced by the provincial government in 2008, and it means that employees covered by the holiday provisions in Ontario’s Employment Standards Act, 2000 (ESA) are entitled to this public holiday with pay.

The Spaghetti Method – When Allegations of Just Cause Don’t Stick

February 1, 2017
Blog Post

When deciding what arguments to put forward in a legal case, it is sometimes tempting to take the spaghetti method: throw all the arguments out there, and see what sticks. A recent decision of the Small Claims Court in Ottawa, Budge v Dickie Moore Rental Inc, demonstrates the danger of the “spaghetti method.”

Terminating Probationary Employees – What Standard Applies?

January 5, 2017
Blog Post

In my previous blog post, I explained how 2016 was a great year for employees. There was a notable case, however, that was decided in favour of employers. Below is a cautionary tale for probationary employees.  The case of Nagribianko v Select Wine Merchants Ltd was heard by the Ontario Divisional Court, and dealt with… Read more »

2016 Employment Law Year In Review

December 19, 2016
Blog Post

The law is forever changing. With every passing day and year, all levels of court throughout this country render decisions that have an immediate and pronounced impact on all of us. This has been an especially good year for employees. Without cause termination of federal employees not permitted The most significant employment law case to… Read more »