Notable Cases of the Year

  • January 9, 2020
  • News

As we shut the door on 2019 and begin 2020, we at SpringLaw thought this was a good time to look back on some of the biggest 2019 employment law cases in Ontario! Here is our list of the top 5 cases of 2019 and their key take-aways for employers and employees alike.

1. Colistro v. Tbaytel, 2019 ONCA 197

The facts in this case are fairly similar to other harassment cases we see nowadays, but what makes this case truly unique is the devastating cost consequences for the plaintiff employee. 

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How to Remote Work Well

There was a time when working away from a brick and mortar office was considered a luxury only afforded to those at the very top of the organizational structure – out of reach for anyone else. Today, all sorts of positions are advertised with a remote working option, in part due to the ever-growing desire amongst today’s workers to have options in their workplace. In an effort to reel in the best and the brightest, many employers in this new economy include remote work into their growing list of workplace perks.

While remote work can be integrated into more workplaces than previously imagined, employers need to be proactive and prepare in advance of any large-scale movement towards offering a remote working option. Here are some tips to help you successfully build a remote working model in your workplace.

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Know Your Legal Obligations for Co-Op Students

Cooperative education programs have become a crucial part of the educational experience as students and institutions recognize that on the job training enhances the overall educational experience. A good co-op can ground a student’s in-class learning by introducing them to practical “real world” problems. If the placement goes well, students may be offered a job with the company or provided a positive reference in their industry! It is no wonder that students flock to this option when it is available.  

What Does an Employer Get Out of It?

Employers stand to benefit the most from co-op placements because they acquire a cost-effective human resource that can support their team during peak periods and offer a fresh perspective. Employers can also claim the Ontario Co-operative Education Tax Credit, which offers the employer a credit of up to $3,000 per student, per work term (on average, work terms are 4 months long). Eligible employers can file a Schedule 550 with their tax return in order to receive the credit.

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Tips for Having a Great (and Responsible) Holiday Party

Holiday parties are a great opportunity for employers to engage with their employees in a relaxed atmosphere. While it is important for everyone to enjoy themselves in the lead up to the holidays, employers should try to strike a balance between having a good time and an atmosphere reminiscent of the kind of antics you would see on NBC’s The Office. With your company holiday party just around the corner, we thought it would be an opportune time to provide you with tips on how to make it a great time for everyone.

1. Managing Alcohol Use

Alcohol service invites the most risk for employers. While employers can decide not to serve alcohol, many employers will provide it simply because it is expected by many party-goers. In order to reduce alcohol-related risks, employers should consider limiting alcohol consumption by offering employees a limited number of drink tickets or having a cash bar rather than an open bar. Hosting the party at an off-site location may help with this as servers can be instructed not to serve alcohol to people who appear intoxicated. Be sure to have alternative transportation options advertised and readily available on the night of the event.

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So, You’re a Respondent in a Workplace Complaint

  • November 13, 2019
  • HR

You’ve been asked to meet with HR or People Ops. You may – or may not – be aware of what the meeting is about, but you’re a little rattled. You’re told the company will be conducting an investigation, meaning a matter is being taken seriously. You wonder whether you should go it alone, or talk to a lawyer – someone who can help you navigate an unfamiliar process. 

In short – yes! Speaking with a lawyer is a good idea. Here’s what they can do for you: 

Ensure that you understand the allegations – If you have not been told the allegations made by the complainant(s), or if you have been given only partial information, a lawyer can assist you in obtaining and thoroughly understanding the allegations. You will then be prepared for your interview, and in a better position to give a complete statement of the facts (i.e. your side of the story).

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Did your employee really mean to retire?

You can take it back. The Ontario Court of Appeal has ruled that employees can take back their intention to retire. We have spoken about whether an employee can take back their intention to retire in a previous blog post regarding the Ontario Superior Court decision in English v. Manulife Financial Corporation. This decision was recently overturned by the Ontario Court of Appeal.

2018 Superior Court Decision

English, the 66-year-old employee in this case, provided Manulife, her employer, with a resignation letter after she became aware of their intention to change the computer system. The employer accepted her offer but informed her that she could rescind or reconsider her resignation. On October 11, 2016, less than three weeks after English’s resignation, Manulife announced that it would “suspend the conversion indefinitely.”

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