The case of Backman and Maritime Paper Products can be found here. The case deals with an employee that admitted viewing internet porn on his computer at work and was subsequently fired. He then sued the company for damages for wrongful dismissal. They say they had just cause to terminate his employment without notice. The plaintiff had worked for Maritime Paper for 14 years and held the position of Structural Design Supervisor and supervised two other skilled employees. His annual salary was $53,000.00. The company did audits of Mr. Backman’s computer. They found that he was surfing porn web sites.
TO FINISH READING THIS ARTICLE PLEASE CLICK HERE →The Ontario Human Rights Code (the “Code”) is provincial law which protects people in Ontario against discrimination and harassment in a variety of areas, including employment. There are currently fifteen (15) prohibited grounds of discrimination in employment under the Code: race, ancestry, place of origin, colour, ethnic origin, citizenship, creed (religion), sex (including pregnancy), sexual orientation, handicap, age (18 and over),1 marital status, family status and record of offences. I deal primarily with issues of discrimination in the workplace. The Ontario Human Rights Tribunal is responsible for dealing with applications brought to it by individuals, groups of individuals, organizations or
TO FINISH READING THIS ARTICLE PLEASE CLICK HERE →Discrimination may be described as a distinction, whether intentional or not but based on grounds relating to personal characteristics of the individual or group, which has the effect of imposing burdens, obligations or disadvantages not imposed on others, or which witholds or limits access to opportunities, benefits and advantages available to other members of society. Distinctions based on personal characteristics attributed to an individual solely on the basis of association with a group will rarely escape the charge of discrimination, while those based on an individual’s merits and capacities will rarely be so classed. Andrews v. Law Society of British
TO FINISH READING THIS ARTICLE PLEASE CLICK HERE →Lockerbie & Hole Eastern Inc was fined $250,000 on September 29, 2009, for a violation of the Occupational Health and Safety Act (OHSA) after a worker was killed.They are a Brantford construction firm. On October 3, 2007, the company was providing general site services for the construction of an electrical plant, in Toronto, for SNC-Lavalin Power Ontario Inc. While installing temporary lighting, an apprentice electrician opened a 600-volt electrical panel and contacted the taps of the live transformer. The worker was electrocuted. A Ministry of Labour investigation found that the company had an electrical lockout policy in place, requiring electrical
TO FINISH READING THIS ARTICLE PLEASE CLICK HERE →I help out a lot of small businesses in the Halton region. Surprisingly I often get this question. Minimum wage in Ontario is the lowest paid hourly rate that you can pay your employees – no matter if that employee is full time or part time, paid a salary of a flat rate. There are jobs that are exempt. If you have any questions please give me a call. You can read more by clicking here. Minimum Wage Rates Minimum Wage Rate March 31, 2009 Current wage rate March 31, 2010 General Minimum Wage $9.50 per hour $10.25 per hour
TO FINISH READING THIS ARTICLE PLEASE CLICK HERE →That is one of the best lines I have read in any employment law case. Cases concerning just cause are always a great argument. It came from the case of John Ritchie v. Richelieu Hardware Canada Ltd. You can read the entire public decision here. The Plaintiff Jon Ritchie claimed damages for wrongful dismissal after being fired on November 24, 2006. He was employed for approximately 9.5 years with the Defendant, Richelieu Hardware Canada Ltd. The plaintiff was fired after an incident involving him drinking beer with other co-workers. The defendant claimed just cause for the dismissal because of the
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What are public holidays and how do employers deal with them?
What are public holidays and how do employers deal with them? Firstly who gets paid public holiday pay? Qualified employees can be full time or part time employees, permanent employees or contract employees. They can also be students. It does not matter how recently they were hired, or how many days they worked before the public holiday. What are the public holidays in Ontario? We have nine statutory holidays in Ontario: • New Year’s Day; • Good Friday; • Victoria Day; • Canada Day; • Labour Day; • Thanksgiving Day; • Christmas Day; and • Boxing Day. You are not