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Employment & Labour – Top Ten Cases Of 2019

jud review
Nicole Heelan, of Cox & Palmer, writing on Mondaq:

2019 brought several notable cases impacting employment and labour law. We have put together a brief summary of 10 Canadian decisions we . . . should be aware of as we head into 2020.


Although heavily weighted to Ontario, Ms. Heelan lists the following cases of interest:

1. Ruston v Keddco MFG (2011) Ltd, 2019 ONCA 125—Ontario Court of Appeal provides an important lesson that overly aggressive tactics can cross the line to bad faith, and result in significant penalty.

2. Safety First Contracting (1995) Ltd. v Murphy, 2019 NLSC 47—Supreme Court of Newfoundland and Labrador decision provides lessons for competitors competing for employees.

3. J Clark & Son, Limited v New Brunswick, 2019 NBCA 31—New Brunswick Court of Appeal clarified that minimum wage rules apply to commissioned employees.

4. Acadia University v Acadia University Faculty Association, 2019 CanLII 47957—Employer does not have to pay settlement funds after grievor brags on Twitter in breach of confidentiality provisions.

5. Dussault v. Imperial Oil Limited, 2019 ONCA 448—Ontario Court of Appeal confirms analysis of "comparable employment.”

6. Calgary (City) and CUPE, Local 37 (Mossman), Re, 2019 Carswell Alta 1073—Arbitrator upholds termination of long-term employee with a clean disciplinary record for engaging in sexual harassment of a co-worker.

7. Dawe v The Equitable Life Insurance Company of Canada, 2019 ONCA 512—Ontario Court of Appeal upholds the 24 month presumptive "cap" for reasonable notice award.

8. Haseeb v Imperial Oil Limited, 2019 HRTO 1174—Ontario Human Rights Tribunal finds requirement for "permanent" eligibility to work in Canada discriminatory, holds employer liable to the tune of $125,000.

9. Peternel v Custom Granite and Marble Ltd., 2019 ONSC 5064—Ontario decision suggests that occasional leniency with regard to a term of employment will not necessarily alter the term of employment.

10. Andros v Colliers Macaulay Nicolls Inc., 2019 ONCA 679-00—Ontario Court of Appeal throws kink in use of "failsafe" termination clauses.