HR Law Canada

A Cannabis shop worker in B.C. who filed a mental health claim after a hostile interaction with customers, and a lack of support by management, has been awarded workers' compensation benefits. The key incident occurred on Feb. 4, 2022, when two customers, who had been previously refused service, became combative and verbally abusive toward the worker after she again denied them service. Despite asking for support, her manager refused to assist, stating, “I am on my (lunch) break.” Read the full story at https://lnkd.in/gzmk8Yae #HR #MentalHealth #Cannabis

The plaintiff in a wrongful dismissal case against Gibson Building Supplies has been awarded $6,000 in legal costs — far less than she was seeking — by the Ontario Superior Court of Justice. The worker was awarded nearly $20,000 for wrongful dismissal and punitive damages, and was seeking $37,895 in costs on a substantial indemnity basis or $31,750 on a partial indemnity basis. The judge emphasized the principle of proportionality in determining costs, noting that the plaintiff’s request for elevated costs was excessive given the relatively straightforward nature of the case. Read the full story at https://lnkd.in/gEnJ8Mhr #HR #EmploymentLaw #LegalCosts

The Ontario Superior Court has ruled that Cabin Country Realty had just cause to terminate one of its long-time agents, citing a pattern of misconduct including verbal threats and deceptive practices. According to the evidence presented at trial, the agent threatened the owner with physical violence, stating, “If you ever talk to me like that again, I am going to hit you.” In another instance, he referred to the owner as a “sniveling idiot” and a “greedy asshole” in notes accessible to all employees. Justice Fitzpatrick found these comments to be unprofessional and unacceptable, further supporting the company’s decision to terminate his employment. The court heard that the confrontation, which took place in front of several staff members, left the owner feeling afraid, prompting him to install security cameras at both his office and home. Read the full story at https://lnkd.in/gqZdWBcw #HR #EmploymentLaw #JustCause #WorkplaceViolence

While the dollar amount is relatively small — $600 in termination pay — the case stemming from the termination of a worker at an Ontario Swiss Chalet location is worth reading about. A Small Claims Court ruled the restaurant didn't follow its own progressive discipline policy in terminating the worker in a case that involved allegations of wrongful dismissal, bad faith, and even false imprisonment among other claims. But it also awarded the Swiss Chalet restaurant nearly $8,000 in legal costs, citing an offer to settle that was higher than the judgement among other things. The dismissal stemmed from two incidents on September 24 and 25, 2020. In the first incident, he refused to mop the floor after clocking out, stating he was not being paid for the additional work. The second incident involved him leaving his shift early after allegedly failing to prepare enough french fries for the next shift. Read the full story at https://lnkd.in/gsPn4Xwh #HR #SwissChalet #WrongfulDismissal

A British Columbia healthcare worker has won her appeal to the Workers’ Compensation Appeals Tribunal (WCAT) after claiming she developed a mental disorder as a result of intimidating and demeaning interactions with her manager during a graduated return to work (GRTW). The WCAT ruling found that the manager’s behaviour amounted to an abuse of authority and created significant workplace stress for the worker, who was recovering from a wrist injury. The worker, a program support assistant, had initially been denied compensation by WorkSafeBC’s Review Division, which upheld a previous decision that her mental health issues did not arise out of her employment. However, the WCAT ruled that the worker was exposed to “significant work-related stressors” and that her mental disorder, diagnosed by a psychiatrist, was caused by her interactions with the manager, referred to in the ruling as Ms. X. Read the full story at https://lnkd.in/gcr-YRUS #HR #MentalHealth #EmploymentLaw

The Ontario Superior Court of Justice has ordered a former Bombardier Transportation Canada employee to undergo a medical examination and answer previously unanswered questions related to her substance use. The worker was fired after testing positive cocaine in the wake of a traumatic incident during which she was kidnapped, robbed and drugged. Bombardier maintains that her termination was justified, citing a breach of its drug and alcohol policy and her dishonesty regarding substance use. “Bombardier is entitled… to assess that position through examination by an expert who can comment upon the existence of (her) substance use disorder and the degree to which it may have impacted upon her employment,” Justice Wojciechowski wrote. The ruling also resolves disputes over several unanswered questions from N.B.’s discovery, many of which relate to her substance use before her termination. Bombardier argued that these questions were relevant to understanding the extent of her alleged disability and her ability to comply with the company’s policies. Read the full story at https://lnkd.in/gkNnVCCX #HR #WrongfulDismissal #SubstanceAbuse

A former employee of Energy Call Solutions (ECS) has been awarded $44,625 by the Human Rights Tribunal of Ontario after the Tribunal ruled that the company failed to accommodate her religious practices. The decision, issued on May 1, 2024, found that the owner of ECS discriminated against J.B., a practicing Muslim, by not providing her with reasonable accommodations for prayer and ultimately terminating her employment. Read the full story at https://lnkd.in/g7FvME8y #HR #HumanRights #Religion

The Supreme Court of British Columbia has struck out several key claims brought by a former executive of VINN Automotive Technologies Limited in a wrongful dismissal lawsuit, leaving only a civil conspiracy claim to proceed. The decision, delivered by Justice Tammen, narrows the scope of the case brought by C.F., a co-founder of the online automotive sales company, who alleges wrongful dismissal and various tort claims against his former employer and others. The court’s ruling dismissed claims of interference with economic relations, inducing breach of contract, breach of fiduciary duty, and negligence. However, the court allowed C.F.’s civil conspiracy claim to proceed, indicating that while the details are sparse, they are not fatally deficient. Read the full story at https://lnkd.in/gTjytiEf

A Federal Court has dismissed an application for judicial review filed by a former manager of business operations at Scotiabank who claimed procedural unfairness and bias in her dismissal complaint. The case primarily revolved around the issue of appropriate compensation for the unjust dismissal, with Scotiabank conceding that the dismissal was without cause. The bank had offered a settlement, including reinstatement to her previous role and recognition of her years of service for the purposes of pension and benefits, but she rejected the offer, citing concerns about seniority and the impact on future severance entitlements. Read the full story at https://lnkd.in/gvhmmDvZ #HR #WrongfulDismissal #HRLaw

In an ongoing labour dispute between the Labourers’ International Union of North America, Local 837, and Hydro One, the Ontario Labour Relations Board (OLRB) is deliberating over a confidentiality order that would shield sensitive documents from public disclosure. The union is representing workers involved in a sexual harassment complaint and has requested that certain information be sealed from the public, citing privacy concerns. Both parties appear to be aligned on the need for confidentiality. However, the Board raised concerns over the scope of the proposed order, particularly in relation to public disclosure requests made under TARA. Read the full story at https://lnkd.in/g7cPc_b3 #HR #Arbitration #SexualHarassment