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In an Occupational Health and Act (“OHSA”) prosecution, the best defense is “due diligence”. In that regard, courts have held that discipline can be an element of due diligence. However, whether the discipline was reasonable enough to avoid the offense turns on whether it was “proportionate” and “effective” under the circumstances. This blog post discusses those two concerns: (A) …

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Construction employees are not entitled to termination or severance pay under the Employment Standards Act (the “Act”). Section 1 of Ontario Regulation 288/01 of the Act explicitly exempts them from such minimum employment standards. However, a long term construction employee may still be entitled to common law reasonable notice, which is much more lucrative than what …

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When an employee is terminated, the employer must submit to Service Canada a Record of Employment (“ROE”) on behalf of the employee. The ROE tells Service Canada about the employee’s entitlement to social security, including, most importantly, employment insurance (“EI”). What an employer puts down on the ROE as the reason the employee was terminated for (i.e. the …

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In Budge v Dickie Moore Rental Inc, 2017 CanLII 468 (ON SCSM), the Ottawa Small Claims Court considered the right to punitive damages following an employer’s improper allegation of serious misconduct to support just cause dismissal. The Facts: The Plaintiff appeared to be a model employee; he never received any indication stating otherwise. However, only six months …

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