Canadian Employment Law Today

January 6, 2016

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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PM40065782 Emplo y ment Law Today Canad ad a ian January 6, 2016 Employer's fi nances not a factor in determining notice: Appeal court AN ONTARIO employer's tough fi nancial circumstances shouldn't be used as justifi - cation for reducing the notice to which dis- missed employees are entitled, the Ontario Court of Appeal has ruled. Domenica Michela, Sergio Gomes and Catherine Carnovale were teachers at St. omas of Villanova Catholic School, a private secondary school in LaSalle, Ont. ey each worked on a series of one-year contracts — Gomes for 13 years with three leaves of absence, Michela for 11 years with one leave of absence, and Carnovale for eight years. Each one-year contract ended in June, at which point the school evaluated its re- quirements for the upcoming school year and extended new contracts to the teachers. On May 31, 2013, the school sent the three teachers letters informing them their con- tracts would not be renewed because enrol- ment for the next academic year as expected to be lower. e letters also stated that if things changed before the end of the current school year — about one month later — they would be informed. Once the school year ended, the school sent additional termina- tion letters to Michela and Carnovale dated June 27 and an email to Gomes on June 30 stating the school couldn't off er him a posi- tion at that time. e school provided no additional notice or pay in lieu of notice because it consid- ered the three teachers to be on fi xed-term contracts that ended. e teachers sued for wrongful dismissal. e Ontario Superior Court of Justice, in a summary judgment motion, found the length of time the teachers had their con- tracts renewed on an annual basis meant they were not on fi xed-term contracts and could be considered on indefi nite employ- ment. As a result, they were entitled to rea- sonable notice beginning from the end of An ill-conceived plan to move pregnant employee's job Employer decided it was a good time to eliminate employee's position when she went on pregnancy leave, but had no comparable job for her BY JEFFREY R. SMITH AN ONTARIO employer must reinstate an employee and pay her $5,000 after wrong- fully dismissing her while she was on ma- ternity leave, the Ontario Labour Relations Board has ruled. JYSK is a retail store chain based in British Columbia but with stores across Canada. e company hired Melanie Lamoureux in 2007 to be an English/French translator to support its advertising and marketing department, translate corporate documents, and support JYSK's Quebec operations. ough Lamou- reux worked in JYSK's Mississauga, Ont., offi ce, her manager in the marketing depart- ment was based in Vancouver. Lamoureux was the only full-time em- ployee in the Mississauga offi ce, with only part-timers and two regional managers who Teacher wins in court but loses job after controversy with student pg. 3 Fired for inappropriate communications with girl with Stuart Rudner CREDIT: EDYTA PAWLOWSKA/SHUTTERSTOCK 'Vaccinate or mask' policy ound to be unreasonable pg. 4 Risk to patients not proven enough to trump employee privacy: Arbitrator ASK AN EXPERT pg. 2 Considerations for new employment contract REASONABLE NOTICE on page 11 » EMPLOYER on page 7 »

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