Employment Related Publications
Ontario Workers Have the Right to ‘Disconnect from Work’ as Well as Other Rights Under ESA
By Barry W. Kwasniewski and Martin U. Wissmath. Charity & NFP Law Bulletin No. 506, January 27, 2022.
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SCC Finds Insurer Participation in Litigation Not a Promise to Maintain Coverage
By Sean S. Carter and Barry W. Kwasniewski. Charity & NFP Law Bulletin No. 504, November 25, 2021.
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Ontario COVID-19 Vaccination Policies: Important Legal Issues for Employers
By Barry W. Kwasniewski, Adriel N. Clayton and Martin U. Wissmath. Charity & NFP Law Bulletin No. 503, September 29, 2021.
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Ontario Superior Court Addresses COVID-19 Temporary Layoff Provisions But Uncertainty Remains
By Barry W. Kwasniewski. Charity & NFP Law Bulletin No. 497, June 24, 2021.
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Ontario Human Rights Tribunal Upholds ‘Full and Final’ Release
By Barry W. Kwasniewski. Charity & NFP Law Bulletin No. 496, May 27, 2021.
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Pregnancy a Factor for Court in Reasonable Notice Decision
By Barry W. Kwasniewski. Charity & NFP Law Bulletin No. 493, April 29, 2021.
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Court Considers Impact of COVID-19, CERB, For Employee Pay-In-Lieu Entitlements
By Barry W. Kwasniewski. Charity & NFP Law Bulletin No. 490, March 24, 2021.
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Nurse Suspended for Six Years Not Constructively Dismissed, Says OLRB
By Barry W. Kwasniewski. Charity & NFP Law Bulletin No. 487, February 25, 2021.
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Long Serving Radio Broadcaster Paid 21 Months in Lieu of Notice
By Barry W. Kwasniewski. Charity & NFP Law Bulletin No. 485, January 28, 2021.
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COVID-19 Update: Recent Federal and Ontario Special Measures
By Terrance S. Carter, Luis R. Chacin and Barry W. Kwasniewski. Charity & NFP Law Bulletin No. 480, November 26, 2020.
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Supreme Court Awards Over $1M Damages for Pay in Lieu of Notice
By Barry W. Kwasniewski. Charity & NFP Law Bulletin No. 479, October 29, 2020.
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Overview of the Canada Emergency Wage Subsidy (“CEWS”)
By Terrance S. Carter, Barry W. Kwasniewski and Luis R. Chacin, Charity & NFP Law Bulletin No. 477, August 27, 2020.
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Significant Amendments Proposed to the Canada Emergency Wage Subsidy ("CEWS")
By Terrance S. Carter, Barry W. Kwasniewski and Luis R. Chacin, July 24, 2020
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Stage 2 of Reopening Ontario: An Overview for Charities and Not-For-Profits
By Luis R. Chacin, Barry W. Kwasniewski and Esther Shainblum, Business Law Bulletin No. 5, June 30, 2020.
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Stage 2 of Reopening Ontario: An Overview for Charities and Not-For-Profits
By Terrance S. Carter, Barry W. Kwasniewski and Esther Shainblum, Charity & NFP Law Bulletin No. 474, June 25, 2020.
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New Infectious Disease Emergency Leave Provides Relief to Ontario Employers
By Barry W. Kwasniewski and Luis R. Chacin, New Infectious Disease Emergency Leave Provides Relief to Ontario Employers), June 5, 2020
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New Changes to the Canada Emergency Wage Subsidy ("CEWS")
By Terrance S. Carter, Barry W. Kwasniewski and Luis R. Chacin, New Changes to the Canada Emergency Wage Subsidy ("CEWS"), May 19, 2020
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Employer Obligations and Considerations in Response to the COVID-19 Pandemic
By Barry W. Kwasniewski, Charity & NFP Law Bulletin No. 465, March 24, 2020.
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One Incident of Sexual Harassment Justified Termination for Cause
By Barry W. Kwasniewski, Charity & NFP Law Bulletin No. 462, February 27, 2020.
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Termination Clause Found to be Void and Unenforceable by the Court of Appeal
By Barry W. Kwasniewski, Charity & NFP Law Bulletin No. 460, January 30, 2020.
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Employee Taking Videos of Customer Results in Termination for Cause
By Barry W. Kwasniewski, Charity & NFP Law Bulletin No. 458, November 28, 2019.
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Tribunal Awards Considerable Damages for Discriminatory Hiring Practice
By Barry W. Kwasniewski, Charity & NFP Law Bulletin No. 456, October 31, 2019.
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Court of Appeal Reduces Termination Notice
By Barry W. Kwasniewski, Charity & NFP Law Bulletin No. 454, August 29, 2019.
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Duty to Accommodate Ends When Employment Contract is Frustrated
By Barry W. Kwasniewski, Charity & NFP Law Bulletin No. 452, June 27, 2019.
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Implications of Ontario Budget Cuts for Ontario Not-For-Profits
By Terrance S. Carter, Barry W. Kwasniewski and Ryan M. Prendergast, Charity & NFP Law Bulletin No. 448, May 24, 2019.
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Employee Dismissed for Vaping Cannabis and Driving Employer's Car
By Barry W. Kwasniewski, Charity & NFP Law Bulletin No. 447, January 31, 2019.
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Waiver Held Unenforceable for Not Contemplating Circumstances of Claim
By Barry W. Kwasniewski, Charity & NFP Law Bulletin No. 444, March 28, 2019.
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Characteristics of Employee Duties Found not to be Managerial or Supervisory
By Barry W. Kwasniewski, Charity & NFP Law Bulletin No. 442, February 27, 2019.
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Medical Cannabis Exclusion from Benefit Plan Not Discriminatory
By Barry W. Kwasniewski, Charity & NFP Law Bulletin No. 440, January 31, 2019.
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New Ontario Government Makes Major Changes to ESA
By Barry W. Kwasniewski, Charity & NFP Law Bulletin No. 436, November 30, 2018.
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Managing Cannabis in the Workplace in Ontario
By Barry W. Kwasniewski, Charity & NFP Law Bulletin No. 431, September 27, 2018.
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Tribunal Rules that Eligibility to Work Permanently in Canada is Discriminatory
By Barry W. Kwasniewski, Charity & NFP Law Bulletin No. 430, September 27, 2018.
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Court Of Appeal: Termination Clause Excludes Common Law Damages
By Barry W. Kwasniewski, Charity & NFP Law Bulletin No. 427, August 30, 2018.
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Reduced Employee Benefits After Age 65 Found to be Discriminatory
By Barry W. Kwasniewski, Charity & NFP Law Bulletin No. 424, June 28, 2018.
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Employer not Liable for Sexual Assault
By Barry W. Kwasniewski, Charity & NFP Law Bulletin No. 423, April 25, 2018.
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Human Rights Tribunal Awards $75,000 in Damages to Unpaid Intern
By Barry W. Kwasniewski, Charity & NFP Law Bulletin No. 420, April 25, 2018.
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Court Reviews Common Employer Doctrine
By Barry W. Kwasniewski, Charity & NFP Law Bulletin No. 418, March 29, 2018.
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Court of Appeal Upholds Common Law Exclusion in Termination Clause
By Barry W. Kwasniewski, Charity & NFP Law Bulletin No. 415, February 26, 2018.
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Bill 148 Passes Bringing Major Changes to Ontario Employment Legislation
By Barry W. Kwasniewski, Charity & NFP Law Bulletin No. 411, November 30, 2017.
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Director's Actions Lead To Not-For-Profit's Workplace Discrimination Liability
By Barry W. Kwasniewski, Charity & NFP Law Bulletin No. 410, October 25, 2017.
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Employer's Right To Require An Independent Medical Examination
By Barry W. Kwasniewski, Charity & NFP Law Bulletin No. 408, September 28, 2017.
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Ontario Employment Standards Act Changes Proposed
By Barry W. Kwasniewski, Charity & NFP Law Bulletin No. 405, June 28, 2017.
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Electronic Liability Release Held Enforceable
By Barry W. Kwasniewski, Charity & NFP Law Bulletin No. 404, May 25, 2017.
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Employee Successfully Sues Employer For Harassment
By Barry W. Kwasniewski, Charity & NFP Law Bulletin No. 402, April 27, 2017.
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Court Of Appeal Rules Termination Clause Unenforceable
By Barry W. Kwasniewski, Charity & NFP Law Bulletin No. 400, March 29, 2017.
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OHRC Position on Medical Documentation
OHRC Position on Medical Documentation - Charity Law Bulletin No. 397
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Charity Must Pay Damages for Breaching OHSA
Charity Must Pay Damages for Breaching OHSA - Charity Law Bulletin No. 393
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Charity Manager Awarded Twenty Four Months Notice
Charity Manager Awarded Twenty Four Months Notice - Charity Law Bulletin No. 392
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Workplace Sexual Harrassment Laws Soon To Be in Force
Workplace Sexual Harrassment Laws Soon To Be in Force - Charity Law Bulletin No. 389
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Court Limits Temporary Lay-Off Rights
Court Limits Temporary Lay-Off Rights - Charity Law Bulletin No. 387
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Two New Leaves of Absence In The Works For Ontario
Two New Leaves of Absence In The Works For Ontario - Charity Law Bulletin No. 385
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Court of Appeal: Employee Injury Waiver Declared Void
Court of Appeal: Employee Injury Waiver Declared Void - Charity Law Bulletin No. 384
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Tribunal Awards Damages to Job Applicant
Tribunal Awards Damages To Job Applicant - Charity Law Bulletin No. 383
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Ontario Human Rights Commission Updates Policy On Creed
Ontario Human Rights Commission Updates Policy On Creed - Charity Law Bulletin No. 378
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Employer Financial Status Will Not Reduce Termination Notice
Employer Financial Status Will Not Reduce Termination Notice - Charity Law Bulletin No. 376
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Court Awards Substantial Pay In Lieu of Notice for Short Term Employee
Court Awards Substantial Pay In Lieu of Notice for Short Term Employee - Charity Law Bulletin No. 373
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Teens Awarded Compensation for Religious Discrimination in the Workplace
Teens Awarded Compensation for Religious Discrimination in the Workplace - Charity Law Bulletin No. 371
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Long Term Employee Awarded Twenty-Seven Months Notice
Long Term Employee Awarded Twenty-Seven Months Notice - Charity Law Bulletin No. 369
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Ambiguous Termination Provision Deemed Unenforceable
Ambiguous Termination Provision Deemed Unenforceable - Charity Law Bulletin No. 367
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Re-Capping Employer Liability For Wrongful Acts of Their Employees
Re-Capping Employer Liability For Wrongful Acts of Their Employees - Charity Law Bulletin No. 366
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Employer Liable for Dismissal and Ontario Human Rights Code Damages
Employer Liable for Dismissal and Ontario Human Rights Code Damages - Charity Law Bulletin No. 364
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Ontario Human Rights Commission Updates Policy on Pregnancy and Breastfeeding
Ontario Human Rights Commission Updates Policy on Pregnancy and Breastfeeding - Charity Law Bulletin No. 356
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Ontario Workplace Laws Bill Receives Royal Assent
By Barry W. Kwasniewski, Charity Law Bulletin No. 355, November 26, 2014
On November 20, 2014, Bill 18, the Stronger Workplaces for a Stronger Economy Act, 2014 ("Bill 18"), received Royal Assent. Bill 18 is an omnibus bill, which amends five different labour and employment-related statutes in Ontario, including the Employment Standards Act, 2000 ("ESA"). The main substantive change is that the Ontario minimum wage will be tied to the Consumer Price Index ("CPI") starting in October 2015. Also relevant for charities and not-for-profits is that the definition of "worker" under the Occupational Health and Safety Act ("OHSA") has been broadened to include unpaid co-op students and interns. Additionally, the definition of "worker" under the OHSA may now be broad enough to encompass volunteers.
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Defining "DISABLITY": It is Broad, But it is Not The Flu
Defining "DISABLITY": It is Broad, But it is Not The Flu - Charity Law Bulletin No. 353
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Preparing for New AODA Accessibity Requirements in Ontario
Preparing for New AODA Accessibity Requirements in Ontario - Charity Law Bulletin No. 352
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Differential Pay Schemes Ruled Discriminatory
By Barry W. Kwasniewski, Charity Law Bulletin No. 345, August 29, 2014
The Ontario Human Rights Tribunal is likely the first Canadian court or tribunal to consider a discriminatory pay scheme affecting persons with developmental disabilities. In February 2014, the Tribunal Vice-Chair Ken Bhattacharjee ruled in Garrie v Janus Joan Inc. that paying developmentally-disabled employees $1.25 per hour, while paying employees without disabilities minimum wage for doing substantially similar work was discriminatory.
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Court Upholds Employee Termination Clause in Contract
Court Upholds Employee Termination Clause in Contract - Charity Law Bulletin No. 343
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New Ontario Mandatory Health and Safety Awareness Training
New Ontario Mandatory Health and Safety Awareness Training - Charity Law Bulletin No. 340
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Unpaid Internships Under Ontario Ministry of Labour Scrutiny
By Barry W. Kwasniewski, Charity Law Bulletin No. 339, April 29, 2014
The Ontario Ministry of Labour is presently carrying out "workplace inspection blitzes" between the months of April and June, 2014, which will focus on the issue of employer use of unpaid interns. Media reports have confirmed that as a result of these inspections, Toronto Life magazine and The Walrus magazine (which is a registered charity), have ended their unpaid internship programs. Other employers may follow in either ending or modifying their internship programs in light of this increased attention to the issue. For charities and not-for-profits, the labour of volunteers is crucial to achieving organizational goals. However, in light of the increased attention by the government to the issue of unpaid work, charities and not-for-profits need to be mindful and aware of the limits imposed by law for unpaid work, and take appropriate steps to protect themselves from claims that the people who carry out the work need to be compensated in accordance with employment standards laws.
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SCC Rules: Do Not Deduct Pension Benefits From Wrongful Dismissal Damages
SCC RULES: Do Not Deduct Pension Benefits From Wrongful Dismissal Damages - Charity Law Bulletin No. 334
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Court Awards Human Rights Damages in Wrongful Dismissal Lawsuit
Court Awards Human Rights Damages in Wrongful Dismissal Lawsuit - Charity Law Bulletin No. 331
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Company Fined $750,000 for Criminal Negligence Causing Death
Company Fined $750,000 for Criminal Negligence Causing Death - Charity Law Bulletin No. 322
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Ontario Decision Highlights Importance of Employment Contracts
Ontario Decision Highlights Importance of Employment Contracts - Charity Law Bulletin No. 320
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Employment Harassment by Facebook Posts
Employment Harassment by Facebook Posts - Charity Law Bulletin No. 317
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Ontario Labour Relations Board Clarifies "Workplace Harassment"
Ontario Labour Relations Board Clarifies "Workplace Harassment" - Charity Law Bulletin No. 314
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Drinking and Driving Employee Loses Job
Drinking and Driving Employee Loses Job - Charity Law Bulletin No. 310
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Terminating Probationary Employees
Terminating Probationary Employees - Charity Law Bulletin No. 309
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Employee Termination "Dos" and "Dont's"
Employee Termination "Dos" and "Dont's" - Charity Law Bulletin No. 308
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Elder Care and Family Status Discrimination Ontario Ruling
Elder Care and Family Status Discrimination Ontario Ruling - Charity Law Bulletin No. 300
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Supreme Court Decision on Workplace Computers and Employee Privacy
Supreme Court Decision on Workplace Computers and Employee Privacy - Charity Law Bulletin No. 295
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Fired B.C. Worker Awarded Over $800,000 by Jury
Fired B.C. Worker Awarded Over $800,000 by Jury - Charity Law Bulletin No. 289
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Court Rules Employee Cannot Change Place of Work Without Employer Consent
Court Rules Employee Cannot Change Place of Work Without Employer Consent - Charity Law Bulletin No. 288
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Discrimination Based on Gender Identity or Expression to be Prohibited in Ontario
Discrimination Based on Gender Identity or Expression to be Prohibited in Ontario - Charity Law Bulletin No. 285
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Facebook Passwords and Human Rights
Facebook Passwords and Human Rights - Charity Law Bulletin No. 281
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High Damage Award for Sexual Assault in the Workplace Upheld
High Damage Award for Sexual Assault in the Workplace Upheld - Charity Law Bulletin No. 279
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Textual Harassment: Sexual Harassment Via Text Message
Textual Harassment: Sexual Harassment Via Text Message - Charity Law Bulletin No. 266
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Ontario Accessibility Standards to be in Place as of January 1, 2012
Ontario Accessibility Standards to be in Place as of January 1, 2012 - Charity Law Bulletin No. 263
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Ontario Court of Appeal Rules: No Cap On Dismissal Damages for Clerical or Unskilled Workers
Ontario Court of Appeal Rules: No Cap On Dismissal Damages for Clerical or Unskilled Workers - Charity Law Bulletin No. 255
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Ontario Court of Appeal Considers Employee Expectations of Privacy in Information Stored on Work Computers
Ontario Court of Appeal Considers Employee Expectations of Privacy in Information Stored on Work Computers - Charity Law Bulletin No. 250
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Social Media: An Emerging Issue in the Workplace
Social Media: An Emerging Issue in the Workplace - Charity Law Bulletin No. 246
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New Brunswick Court Awards Dismissed Employee Punitive Damages
New Brunswick Court Awards Dismissed Employee Punitive Damages - Charity Law Bulletin No. 237
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Constructive Dismissal: Implications for Charities and Not-For-Profits
Constructive Dismissal: Implications for Charities and Not-For-Profits - Charity Law Bulletin No. 233
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The End of Mandatory Retirement: Legal Implications for Employers
The End of Mandatory Retirement: Legal Implications for Employers - Charity Law Bulletin No. 229
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Recent Ontario Decisions Highlight Risks of Terminating Disabled Employees
Recent Ontario Decisions Highlight Risks of Terminating Disabled Employees - Charity Law Bulletin No. 226
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Employee Overtime: Know the Rules and Reduce the Risks
Employee Overtime: Know the Rules and Reduce the Risks - Charity Law Bulletin No. 214
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British Columbia Supreme Court Rules Employee Critical of Management Properly Dismissed for Cause
British Columbia Supreme Court Rules Employee Critical of Management Properly Dismissed for Cause - Charity Law Bulletin No. 208
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Employers Be Aware: New Ontario Law Will Increase Reporting Obligations Regarding Child Pornography
Employers Be Aware: New Ontario Law Will Increase Reporting Obligations Regarding Child Pornography - Charity Law Bulletin No. 205
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Ontario Court Of Appeal Confirms: "Dependent Contractors" Entitled to Reasonable Notice of Termination
Ontario Court Of Appeal Confirms: "Dependent Contractors" Entitled to Reasonable Notice of Termination - Charity Law Bulletin No. 198
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Ontario Bill 168 Receives Royal Assent: Employers Will Need to Address Workplace Violence and Harrassment Prevention
Ontario Bill 168 Receives Royal Assent: Employers Will Need to Address Workplace Violence and Harrassment Prevention - Charity Law Bulletin No. 189
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Pregnant Employees: Employers Need to Know Their Legal Responsibilities.
Pregnant Employees: Employers Need to Know Their Legal Responsibilities - Charity Law Bulletin No. 183
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Essential Employment Law Update for Charities.
Seminar (November 2009)
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Just Cause for Employee Dismissal: What Employers Need to Know.
Just Cause for Employee Dismissal: What Employers Need to Know - Charity Law Bulletin No. 175
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Probationary Employees: What Employers Need to Know.
Probationary Employees: What Employers Need to Know - Charity Law Bulletin No. 168
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Case Comment and Analysis of an Employee's Duty to Mitigate Wrongful Dismissal Damages.
Charity Law Bulletin No. 165
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Employment Contracts for Charities and Non-Profit Organizations.
Employment Contracts for Charities and Non-Profit Organizations - Charity Law Bulletin No. 159
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Employment Law Update for Charities, Including New Procedures Under the Ontario Human Rights Code and Wrongful Dismissal Considerations.
Seminar (February 2009)
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The Ins and Outs of Wrongful Dismissal for Charities and Non-profits.
Charity Law Bulletin No. 153
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Recent Changes to the Canadian Criminal Law and How It Affects Your Risks as Employers.
Seminar (November 2008)
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Employee or Independent Contractor? Be Aware of the Risks.
Charity Law Bulletin No. 148
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