Canada: Ontario Human Rights Tribunal Finds Paying Disabled Employee $1.25 An Hour Is Discrimination

In Garrie v Janus Joan Inc, the Human Rights Tribunal of Ontario (the “Tribunal”) ordered Janus Joan Inc. (the “Company”) to pay over $186,000 to Terri-Lynn Garrie, (the “Applicant”) a developmentally disabled woman who was paid $1.25 an hour for years before her employment was terminated by the Company.

In the late 1990’s, the Company employed the Applicant, and other individuals with developmental disabilities, as general labourers and paid them $1.00 per hour. After a […]

By | October 8th, 2014 ||

United States: 401(k) Plans And The Free Market: Is Your Vendor Ever A Fiduciary?

The Department of Labor and plaintiffs class action lawyers have been urging the courts to find that 401(k) vendors are fiduciaries when they design investment platforms or have contract provisions permitting them to adjust their fees. This is an important issue in pursuing vendors for “excessive” fees, because under U.S. pension law, fiduciaries may not engage in self-dealing or use discretion to increase their fees. Fiduciaries may also be personally liable for losses resulting […]

By | October 7th, 2014 ||

Canada: When Employees Resign, Don’t Fire Them Early: Six Lessons From Recent Employee Lawsuits

I am often asked how I come up with a fresh topic every week for 15 years, now. It’s easy: In editing the Dismissal & Employment Law Digest, I review every case from coast to coast and there is no shortage of them to choose from.

But this week, instead of one, here are some salient points I garnered from a smattering of cases:

Quebec Labour Standards vs Asphalte Desjardins Inc. The Supreme Court of Canada’s July 25 […]

By | October 7th, 2014 ||