Canada: More Employer Liability Risks With New Ontario Employment Standards

Employment Standards Act, 2000 (ESA)
a.) Monetary Cap on Claims Eliminated and Time Limits Increased

The cap on ESA claims is being removed. As of February 20, 2015, the maximum amount an employment standards officer may order for unpaid wages will no longer be capped at $10,000 per employee. The new section 103(4.1) under Part XXII “Complaints and Enforcement” will impose no limit on the amount an officer may order. This change will make the ESA […]

By | January 31st, 2015 ||

Canada: Relying On After-Acquired Cause To Set Aside Settlement Agreement

After an employee has been dismissed without cause, an employer can allege cause if misconduct of the employee is discovered after the dismissal – this is “after-acquired cause for dismissal”.

In Dennis v Ontario Lottery and Gaming Corporation 2014 ONSC 3882, the Court found that the after acquired evidence did not amount to just cause for dismissal. The Court refused to set aside the settlement agreement, and held that the employee was terminated without cause.

In […]

By | January 31st, 2015 ||

UK: Cyberbullying – What Should Employers Be Doing About It?

James Major, partner and Corinna Harris, professional support lawyer in Clyde & Co’s London office explain how employers should respond to incidents of work-related cyberbullying.
Many employers have been faced with a situation where an employee has made derogatory comments about a colleague on Facebook, which were posted outside working hours, or a situation where derogatory comments have been made about the company on Facebook or another social media site. It is often difficult to […]

By | January 30th, 2015 ||