Canadian Employment Law Today

September 11, 2019

Focuses on human resources law from a business perspective, featuring news and cases from the courts, in-depth articles on legal trends and insights from top employment lawyers across Canada.

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PM41261516 Emplo y ment Law Today Canadian The need for creed p. 4 Recent human rights complaint and expanding definition of creed are putting more expectations on employers Frustration of employment contract warrants termination, severance pay Ontario employer deemed disabled worker's employment at an end with no prognosis for returning to work, but decision wasn't made in bad faith: Court BY JEFFREY R. SMITH AN ONTARIO employer who released a disabled worker with no prospect of returning from his em- ployment didn't act maliciously or egregiously but must pay him statutory termination and severance entitlements after his employment contract was frustrated, the Ontario Superior Court of Justice has ruled. Ronald Hoekstra, 51, worked as a medical social worker for Rehability Occupational erapy. Re- hability hired Hoekstra in September 2005 under a written contract of employment. In December 2008, Hoekstra went on short- term medical leave due to symptoms related to severe esophageal and stomach conditions, dur- ing which time he received group benefits from a third-party health-care provider. He remained off work for several months, returning in September 2009. Hoekstra worked for another couple of years while being able to manage his conditions until May 2012, when he once again had to take time off. A sad ending to funeral home manager's employment New owners made several changes to terms of employment enshrined in transition agreement that constructively dismissed former owner BY JEFFREY R. SMITH AN ONTARIO funeral home must pay a former owner who became general man- ager after selling the business more than $1.2 million after changing several terms of a transitional service agreement that breached the agreement and amounted to constructive dismissal. Grant McGuinty ran the McGuinty Fu- neral Home in North Bay, Ont. with his brother for many years. e funeral home was started by their grandfather many years earlier and had been a family-run business since its inception. McGuinty and his broth- er took over the business in 1990, with Mc- Guinty serving as the face of the business, attending community events and participat- ing in charitable work. September 11, 2019 Ontario truck driver fired after accident, speeding ticket reinstated pg. 3 Failure to remain at scene or report accident not grounds for suspension; second incident not enough for discipline OWNERS on page 6 » CREDIT: RUSTY426/SHUTTERSTOCK WORKER on page 7 » with Stuart Rudner Ask the Expert pg. 2 Employee on medical leave with no prospect of returning

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