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. Learn more >>>
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. Learn more >>>
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. Learn more >>>
Significant Amendments Proposed to the Canada Emergency Wage Subsidy ("CEWS") By Terrance S. Carter, Barry W. Kwasniewski and Luis R. Chacin, July 24, 2020 Learn more >>>
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. Learn more >>>
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. Learn more >>>
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 Learn more >>>
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 Learn more >>>
Employer Obligations and Considerations in Response to the COVID-19 Pandemic By Barry W. Kwasniewski, Charity & NFP Law Bulletin No. 465, March 24, 2020. Learn more >>>
One Incident of Sexual Harassment Justified Termination for Cause By Barry W. Kwasniewski, Charity & NFP Law Bulletin No. 462, February 27, 2020. Learn more >>>
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. Learn more >>>
Employee Taking Videos of Customer Results in Termination for Cause By Barry W. Kwasniewski, Charity & NFP Law Bulletin No. 458, November 28, 2019. Learn more >>>
Tribunal Awards Considerable Damages for Discriminatory Hiring Practice By Barry W. Kwasniewski, Charity & NFP Law Bulletin No. 456, October 31, 2019. Learn more >>>
Court of Appeal Reduces Termination Notice By Barry W. Kwasniewski, Charity & NFP Law Bulletin No. 454, August 29, 2019. Learn more >>>
Duty to Accommodate Ends When Employment Contract is Frustrated By Barry W. Kwasniewski, Charity & NFP Law Bulletin No. 452, June 27, 2019. Learn more >>>
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. Learn more >>>
Employee Dismissed for Vaping Cannabis and Driving Employer's Car By Barry W. Kwasniewski, Charity & NFP Law Bulletin No. 447, January 31, 2019. Learn more >>>
Waiver Held Unenforceable for Not Contemplating Circumstances of Claim By Barry W. Kwasniewski, Charity & NFP Law Bulletin No. 444, March 28, 2019. Learn more >>>
Characteristics of Employee Duties Found not to be Managerial or Supervisory By Barry W. Kwasniewski, Charity & NFP Law Bulletin No. 442, February 27, 2019. Learn more >>>
Medical Cannabis Exclusion from Benefit Plan Not Discriminatory By Barry W. Kwasniewski, Charity & NFP Law Bulletin No. 440, January 31, 2019. Learn more >>>
New Ontario Government Makes Major Changes to ESA By Barry W. Kwasniewski, Charity & NFP Law Bulletin No. 436, November 30, 2018. Learn more >>>
Managing Cannabis in the Workplace in Ontario By Barry W. Kwasniewski, Charity & NFP Law Bulletin No. 431, September 27, 2018. Learn more >>>
Tribunal Rules that Eligibility to Work Permanently in Canada is Discriminatory By Barry W. Kwasniewski, Charity & NFP Law Bulletin No. 430, September 27, 2018. Learn more >>>
Court Of Appeal: Termination Clause Excludes Common Law Damages By Barry W. Kwasniewski, Charity & NFP Law Bulletin No. 427, August 30, 2018. Learn more >>>
Reduced Employee Benefits After Age 65 Found to be Discriminatory By Barry W. Kwasniewski, Charity & NFP Law Bulletin No. 424, June 28, 2018. Learn more >>>
Employer not Liable for Sexual Assault By Barry W. Kwasniewski, Charity & NFP Law Bulletin No. 423, April 25, 2018. Learn more >>>
Human Rights Tribunal Awards $75,000 in Damages to Unpaid Intern By Barry W. Kwasniewski, Charity & NFP Law Bulletin No. 420, April 25, 2018. Learn more >>>
Court Reviews Common Employer Doctrine By Barry W. Kwasniewski, Charity & NFP Law Bulletin No. 418, March 29, 2018. Learn more >>>
Court of Appeal Upholds Common Law Exclusion in Termination Clause By Barry W. Kwasniewski, Charity & NFP Law Bulletin No. 415, February 26, 2018. Learn more >>>
Bill 148 Passes Bringing Major Changes to Ontario Employment Legislation By Barry W. Kwasniewski, Charity & NFP Law Bulletin No. 411, November 30, 2017. Learn more >>>
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. Learn more >>>
Employer's Right To Require An Independent Medical Examination By Barry W. Kwasniewski, Charity & NFP Law Bulletin No. 408, September 28, 2017. Learn more >>>
Ontario Employment Standards Act Changes Proposed By Barry W. Kwasniewski, Charity & NFP Law Bulletin No. 405, June 28, 2017. Learn more >>>
Electronic Liability Release Held Enforceable By Barry W. Kwasniewski, Charity & NFP Law Bulletin No. 404, May 25, 2017. Learn more >>>
Employee Successfully Sues Employer For Harassment By Barry W. Kwasniewski, Charity & NFP Law Bulletin No. 402, April 27, 2017. Learn more >>>
Court Of Appeal Rules Termination Clause Unenforceable By Barry W. Kwasniewski, Charity & NFP Law Bulletin No. 400, March 29, 2017. Learn more >>>
OHRC Position on Medical Documentation OHRC Position on Medical Documentation - Charity Law Bulletin No. 397 Learn more >>>
Charity Must Pay Damages for Breaching OHSA Charity Must Pay Damages for Breaching OHSA - Charity Law Bulletin No. 393 Learn more >>>
Charity Manager Awarded Twenty Four Months Notice Charity Manager Awarded Twenty Four Months Notice - Charity Law Bulletin No. 392 Learn more >>>
Workplace Sexual Harrassment Laws Soon To Be in Force Workplace Sexual Harrassment Laws Soon To Be in Force - Charity Law Bulletin No. 389 Learn more >>>
Court Limits Temporary Lay-Off Rights Court Limits Temporary Lay-Off Rights - Charity Law Bulletin No. 387 Learn more >>>
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 Learn more >>>
Court of Appeal: Employee Injury Waiver Declared Void Court of Appeal: Employee Injury Waiver Declared Void - Charity Law Bulletin No. 384 Learn more >>>
Tribunal Awards Damages to Job Applicant Tribunal Awards Damages To Job Applicant - Charity Law Bulletin No. 383 Learn more >>>
Ontario Human Rights Commission Updates Policy On Creed Ontario Human Rights Commission Updates Policy On Creed - Charity Law Bulletin No. 378 Learn more >>>
Employer Financial Status Will Not Reduce Termination Notice Employer Financial Status Will Not Reduce Termination Notice - Charity Law Bulletin No. 376 Learn more >>>
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 Learn more >>>
Teens Awarded Compensation for Religious Discrimination in the Workplace Teens Awarded Compensation for Religious Discrimination in the Workplace - Charity Law Bulletin No. 371 Learn more >>>
Long Term Employee Awarded Twenty-Seven Months Notice Long Term Employee Awarded Twenty-Seven Months Notice - Charity Law Bulletin No. 369 Learn more >>>
Ambiguous Termination Provision Deemed Unenforceable Ambiguous Termination Provision Deemed Unenforceable - Charity Law Bulletin No. 367 Learn more >>>
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 Learn more >>>
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 Learn more >>>
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 Learn more >>>
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. Learn more >>>
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 Learn more >>>
Preparing for New AODA Accessibity Requirements in Ontario Preparing for New AODA Accessibity Requirements in Ontario - Charity Law Bulletin No. 352 Learn more >>>
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. Learn more >>>
Court Upholds Employee Termination Clause in Contract Court Upholds Employee Termination Clause in Contract - Charity Law Bulletin No. 343 Learn more >>>
New Ontario Mandatory Health and Safety Awareness Training New Ontario Mandatory Health and Safety Awareness Training - Charity Law Bulletin No. 340 Learn more >>>
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. Learn more >>>
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 Learn more >>>
Court Awards Human Rights Damages in Wrongful Dismissal Lawsuit Court Awards Human Rights Damages in Wrongful Dismissal Lawsuit - Charity Law Bulletin No. 331 Learn more >>>
Company Fined $750,000 for Criminal Negligence Causing Death Company Fined $750,000 for Criminal Negligence Causing Death - Charity Law Bulletin No. 322 Learn more >>>
Ontario Decision Highlights Importance of Employment Contracts Ontario Decision Highlights Importance of Employment Contracts - Charity Law Bulletin No. 320 Learn more >>>
Employment Harassment by Facebook Posts Employment Harassment by Facebook Posts - Charity Law Bulletin No. 317 Learn more >>>
Ontario Labour Relations Board Clarifies "Workplace Harassment" Ontario Labour Relations Board Clarifies "Workplace Harassment" - Charity Law Bulletin No. 314 Learn more >>>
Drinking and Driving Employee Loses Job Drinking and Driving Employee Loses Job - Charity Law Bulletin No. 310 Learn more >>>
Terminating Probationary Employees Terminating Probationary Employees - Charity Law Bulletin No. 309 Learn more >>>
Employee Termination "Dos" and "Dont's" Employee Termination "Dos" and "Dont's" - Charity Law Bulletin No. 308 Learn more >>>
Elder Care and Family Status Discrimination Ontario Ruling Elder Care and Family Status Discrimination Ontario Ruling - Charity Law Bulletin No. 300 Learn more >>>
Supreme Court Decision on Workplace Computers and Employee Privacy Supreme Court Decision on Workplace Computers and Employee Privacy - Charity Law Bulletin No. 295 Learn more >>>
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 Learn more >>>
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 Learn more >>>
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 Learn more >>>
Facebook Passwords and Human Rights Facebook Passwords and Human Rights - Charity Law Bulletin No. 281 Learn more >>>
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 Learn more >>>
Textual Harassment: Sexual Harassment Via Text Message Textual Harassment: Sexual Harassment Via Text Message - Charity Law Bulletin No. 266 Learn more >>>
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 Learn more >>>
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 Learn more >>>
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 Learn more >>>
Social Media: An Emerging Issue in the Workplace Social Media: An Emerging Issue in the Workplace - Charity Law Bulletin No. 246 Learn more >>>
New Brunswick Court Awards Dismissed Employee Punitive Damages New Brunswick Court Awards Dismissed Employee Punitive Damages - Charity Law Bulletin No. 237 Learn more >>>
Constructive Dismissal: Implications for Charities and Not-For-Profits Constructive Dismissal: Implications for Charities and Not-For-Profits - Charity Law Bulletin No. 233 Learn more >>>
The End of Mandatory Retirement: Legal Implications for Employers The End of Mandatory Retirement: Legal Implications for Employers - Charity Law Bulletin No. 229 Learn more >>>
Recent Ontario Decisions Highlight Risks of Terminating Disabled Employees Recent Ontario Decisions Highlight Risks of Terminating Disabled Employees - Charity Law Bulletin No. 226 Learn more >>>
Employee Overtime: Know the Rules and Reduce the Risks Employee Overtime: Know the Rules and Reduce the Risks - Charity Law Bulletin No. 214 Learn more >>>
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 Learn more >>>
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 Learn more >>>
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 Learn more >>>
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 Learn more >>>
Pregnant Employees: Employers Need to Know Their Legal Responsibilities. Pregnant Employees: Employers Need to Know Their Legal Responsibilities - Charity Law Bulletin No. 183 Learn more >>>
Essential Employment Law Update for Charities. Seminar (November 2009) Learn more >>>
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 Learn more >>>
Probationary Employees: What Employers Need to Know. Probationary Employees: What Employers Need to Know - Charity Law Bulletin No. 168 Learn more >>>
Case Comment and Analysis of an Employee's Duty to Mitigate Wrongful Dismissal Damages. Charity Law Bulletin No. 165 Learn more >>>
Employment Contracts for Charities and Non-Profit Organizations. Employment Contracts for Charities and Non-Profit Organizations - Charity Law Bulletin No. 159 Learn more >>>
Employment Law Update for Charities, Including New Procedures Under the Ontario Human Rights Code and Wrongful Dismissal Considerations. Seminar (February 2009) Learn more >>>
The Ins and Outs of Wrongful Dismissal for Charities and Non-profits. Charity Law Bulletin No. 153 Learn more >>>
Recent Changes to the Canadian Criminal Law and How It Affects Your Risks as Employers. Seminar (November 2008) Learn more >>>
Employee or Independent Contractor? Be Aware of the Risks. Charity Law Bulletin No. 148 Learn more >>>
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