Rishi Bandhu

(905) 849-0025 info@blpc.ca

Disregard for safety rules does not automatically justify discharge

/ Employment/Labour /

Rules intended to curb the spread of the coronavirus are polarizing opinions and attitudes, which can sometimes spill over into the workplace. A recent arbitration, Trillium Health Partners v CUPE Local 5180, is a fitting example of what can happen when there is resistance to pandemic guidelines. For more, click here. Seeking legal advice can help firms […]

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Seeking legal advice can help firms minimize risk, stay focused

/ Employment/Labour /

A sensible employer will consult an employment lawyer when faced with a workplace issue but the truly prudent one knows know the benefit of ongoing counsel. Small businesses often don’t anticipate the many situations that can arise in an employer-employee relationship. They don’t have that foresight because, for the most part, they have never been

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Duty to mitigate more important than a ‘sense of entitlement’

/ Employment/Labour /

A recent judgment in a wrongful dismissal claim is a useful reminder for both employers and employees that refusing to accept a reasonable offer of employment will negate a wrongful dismissal claim. Hickey v. Christie & Walther Communications Limited is not a ground-breaking decision but, insightful nonetheless. The plaintiff, Joseph Hickey, was the vice-president of

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Equality and the law – when does a law discriminate?

/ Employment/Labour /

The Supreme Court of Canada’s recent decision in Fraser v Canada deals with the effects of pension regulations on women employed by the RCMP and appears to expand the legal test for discrimination.  I recently discussed this case at the Law Society of Ontario’s Ninth Annual Human Rights Summit. RCMP members participate in a contributory

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A job title is not always the ticket to more severance in a dismissal

/ Employment/Labour /

Having an impressive job title might be beneficial for your ego but what’s printed on your business card may not hold much sway in a severance dispute. In a recent decision, an Ontario Superior Court ruled that title without substance is not sufficient to attract longer notice periods normally reserved for senior managers and executives.

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Thinking about heading south this winter? Check with your employer

/ Employment/Labour /

Winter will soon be upon us and when we’re locked in the grips of bitterly cold weather, many Canadians start contemplating a sandy beach in a warmer climate. But before you book your Jamaican holiday make sure your boss has approved your plans. The COVID-19 pandemic has disrupted our lives in countless ways and now,

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Protect yourself when inheriting workers during a business sale

/ Employment/Labour /

The Ontario Court of Appeal’s decision in Manthadi v. ASCO Manufacturing is a timely reminder to employers and lawyers about the possible consequences of a business sale and a lesson about the importance of employment contracts. In a nutshell, the ruling illustrates that there isn’t a fixed rule with asset purchase transactions regarding an employer’s

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