Canadian Employment Law Today

January 27, 2021

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 The vaccination debate at work PG.4 COVID-19 vaccines will roll out across Canada in 2021, but can employers require employees to get vaccinated? A FIRED Ontario worker has won his claim for wrongful dismissal damages against his employer of six and one-half months, but his entitlement was significantly less than what he wanted. Kevin Sewell, 47, worked for Provincial Fruit Lim - ited, a fresh produce distributor in Etobicoke, Ont., in a senior sales position starting in October 2018. He was paid an annual salary and was eligible for a discretionary bonus worth between 10 per cent and 15 per cent of his salary. Sewell's employment began after a head-hunting firm contacted him about working with Provincial Fruit. Sewell — who had about seven years of expe - rience in the industry — had been looking for a job that was different than the one he had at the time, so he accepted an invitation for a job interview. The interview went well and Sewell got along with the company representatives, so they encouraged him to join Provincial Fruit with the hope that they would have a long employment relationship. The employment contract Sewell signed included a termination clause that stated that Provincial Fruit could terminate his employment without just cause AN ONTARIO radio broadcaster with more than five decades in the industry that encompassed his entire career is entitled to a large amount of pay in lieu of notice, but his circumstances aren't special enough to exceed the established 24-month limit for such damages, the Ontario Superior Court of Justice has ruled. Hal Rothenberg was an on-air broadcaster and news reporter for two radio stations in Tillsonburg, Ont. The 75-year-old's entire working life — spanning 55 years — was in the radio industry and he started at the Tillsonburg stations in 1998. He didn't have a high school diploma or post-secondary degree. In September 2017, telecommunications gi - ant Rogers Media purchased the company that January 27, 2021 No OT exemption for B.C. farm worker PG.3 Employee performed some work related to agricultural products, but primary responsibilities were fixing and maintaining equipment EXCEPTIONAL on page 6 » CREDIT: AVDYACHENKO iSTOCK CREDIT: LEOPATRIZI iSTOCK TERMINATION on page 7 » with Colin G. M. Gibson Wrongful dismissal claim not as fruitful as worker had hoped Ontario worker's employment contract unenforceable, but no inducement or bonus entitlement Ask an Expert PG. 2 Employee publicly flaunting safety protocols Long-time Ontario radio broadcaster taken off air, awarded 21 months' pay Employee fired after 20 years with employer and 55 years in radio industry, but circumstances didn't warrant exceeding 24-month damages maximum BY JEFFREY R. SMITH BY JEFFREY R. SMITH

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