In a recent decision an arbitrator found that the grievor was discriminated against on the basis of creed under the Ontario Human Rights Code when her employer denied her request for an exemption from its mandatory COVID-19 vaccination policy.
Employers subject to provincial legislation that have employees in Ontario often ask about legislative requirements under various employment statutes, including mandatory policies, training and postings.
A recent wrongful dismissal opinion from the Ontario Superior Court of Justice weighed the impact of the pandemic and alleged failure to mitigate when deciding how much reasonable notice damages were owed the plaintiff.
In Antchipalovskaia v. Guestlogix Inc., the employer appealed a decision that the employee was entitled to 12 months’ notice for her dismissal without cause, which was based in part on a finding that she was continuously employed from 2011 to 2019.
The appellate court dismissed an appeal, agreeing with the lower court that a football player’s action for damages against a physician for misdiagnosing his injury should proceed in superior court - and not in arbitration.
The Court of Appeal for Ontario has dismissed an employer’s appeal of an application judge’s decision that a non-competition clause in an employment agreement governed by the common law was unenforceable because it was ambiguous and overbroad.
An arbitrator recently dismissed a union grievance disputing that the unilateral imposition of a mandatory vaccination practice was a reasonable exercise of management rights and responsibilities under the collective agreement.
On May 12, 2022, the Ontario Court of Appeal released its long-awaited decision in a case concerning whether an Ontario regulation precludes an employee who was laid off during the pandemic from claiming constructive dismissal at common law.
