Ryan Conlin and Jeremy Schwartz discuss a landmark WSIAT decision which held sections of the Workplace Safety and Insurance Act unconstitutional, the potential fallout and strategies for managing workplace stress claims (and possibly certain wrongful dismissal claims) going forward.
Jeremy D. Schwartz / About Author
Related Posts
2015 Q2 StringerLLP HR Law Webinar, Segment 2: Record Setting Human Rights Damages
Jessica Young discusses a recent record setting human rights damages award.
22 Jul 2015
Tribunal Awards Four Years’ Lost Wages to Job Applicant Who Lied About Immigration Status
The Human Rights Tribunal of Ontario (the “Tribunal”) recently awarded $101,363.16, representing four years’ lost salary, and $15,000.00 for injury to dignity,…
24 Sep 2019
Personal Liability in Wrongful Dismissal Actions
A recent decision of the Divisional Court raises the issue of when an individual can be found personally liable in…
31 Jan 2014
Human Rights Tribunal finds undue hardship test met
In a recent application to the Human Rights Tribunal of Ontario, the Tribunal found that an employer facing an economic…
17 Oct 2011
Employer Not Required to Bridge Terminated Employee to Retirement
By: Landon Young and Jessica Young Non-unionized employees are entitled to “reasonable notice” of termination under the common law, or…
20 Apr 2015
Stress Claim Tsunami? Tribunal Declares Stress Provisions of Workplace Safety and Insurance Act Unconstitutional
By: Ryan Conlin & Jeremy Schwartz In one of the most significant decisions in recent memory, the Workplace Safety and…
13 May 2014
Dial “D” for Dismissal: Employee Fired after “Pocket-Dial”
Most people have received (or sent) a “pocket-dial”, which is an unintentional cell phone call that is made by a…
15 Oct 2015
It’s Party Time: Planning a Safe and Liability Free Office Holiday Party
As we roll into December, many employers will be hosting an office holiday party for their employees. While these events…
29 Nov 2011
Termination Clauses: Clearly Restrictive Language Necessary for Enforceability
The Alberta Court of Appeal recently upheld a trial decision that struck a termination clause down as unenforceable. The Facts…
15 Feb 2018
Mitigation – A duty to act in your own professional interest
When no work is available in a particular field, dismissed employees may undertake reasonable mitigation efforts by pursuing re-training to…
30 Dec 2016
Court Strikes Down Termination Provision that Provides For Salary During Notice Period
Increasingly, the courts are striking down termination provisions in employment contracts resulting in lengthy common law notice awards to employees. …
22 May 2015
Hypothetical Standards: Human Rights Tribunal finds Police Liable for Racism – Jeremy Schwartz
Hypothetical Standards: Human Rights Tribunal finds Police Liable for Racism – Jeremy Schwartz
23 Dec 2009
Termination Clauses: A Cautionary Tale
Anyone involved in the human resources side of management will be familiar with the concept of notice periods for terminated…
21 Jan 2015
Court Strikes Down Release Signed on Termination
Ontario’s Superior Court of Justice recently struck down a release signed at a termination meeting. Read more about this interesting…
18 Jun 2012
OLRB opens the door to harassment reprisal complaints under the OHSA
The Ontario Labour Relations Board (“OLRB”) recently made an important decision which may represent a significant shift in how it…
08 Jan 2014