Canadian Employment Law Today

April 21, 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 A COVID boost to reasonable notice? PG.4 Courts have started to evaluate whether the pandemic should be factored into dismissed employees' notice entitlement AN ONTARIO hospital that suspended a worker for assaulting another employee could not then decide to transfer the worker to keep him apart from the victim, the Ontario Superior Court of Justice has ruled. The worker was a full-time plumber in the facili- ties department at the Queensway Health Centre, a hospital operated by Trillium Health Partners along with two other hospitals in Mississauga, Ont. He also filled in for emergencies, vacation and overtime for other maintenance workers at one of the other hospitals. On July 29, 2019, the worker was performing his regular duties at the Queensway Health Centre. He encountered a female supervisor in the medical device reprocessing department and, without any provocation or consent, slapped the supervisor on her right buttock. The supervisor walked away and a soon a bruise developed on the spot where the worker slapped her. The medical device supervisor reported the in- cident two days later, saying that she felt "humili- ated, embarrassed, and violated." Trillium inves- A NEW Brunswick credit union that fired a worker that it believed revealed too much about a member's account didn't have just cause for dismissal without direct evidence of the misconduct, the New Brunswick Court of Queen's Bench has ruled. Jason Jones, 44, worked as a financial services officer for Bayview Credit Union, a credit union that operates in New Bruns- wick. Hired in March 2016 to work in a branch in Saint John, N.B. — he had nine years of previous experience in the banking industry — he agreed to a confidentiality agreement that prohibited him from dis- closing any confidential information related to Bayview's operations to anyone or using such information for the benefit of himself April 21, 2021 Advanced age helps, lack of mitigation hurts notice entitlement PG.3 65-year-old B.C. worker entitled to 18 months reasonable notice, but awarded 16 months' pay due to lack of mitigation, remaining notice period EMPLOYEE SAID on page 6 » CREDIT: FG TRADE iSTOCK ASSAULT VICTIM on page 7 » with Amy Gibson Transfer after suspension causes double jeopardy Transferring Ontario worker to different location with different shift times was double punishment for workplace assault: court Ask an Expert PG. 2 Harassment complaints by third parties New Brunswick credit union worker wrongfully dismissed for dishonesty Employer accused worker of revealing information from member's account, but worker's denial was credible to court BY JEFFREY R. SMITH BY JEFFREY R. SMITH

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