Melissa Kennedy is a labour relations, employment and human resources specialist who assists clients with proactively managing compliance, risk and ensuring best practices are in place.
The excitement is building in anticipation of this year’s annual McCarthy Tétrault Client Conference on Friday, November 7, 2014.
The Conference will open with a plenary discussion of Mental Health in the Workplace. As society works to remove the stigma associated with mental health issues, employers grapple with how to identify, address and manage such issues in the workplace. In this session, Paul Boniferro, myself and special guest speaker Dr. Ash Bender will bring … Continue Reading
A recent decision from the Ontario Court of Appeal stands for the principle that with respect to sentencing under the Occupational Health and Safety Act (OHSA), you will not receive any credit for doing something you were ordered to do.
In Ontario (Labour) v. Flex-N-Gate Canada Company, 2014 ONCA 53, the employer was convicted of two offences under the OHSA for failing to properly transport metal sheets with a forklift, which resulted in the injury to a worker’s foot. Following the accident, the Ministry of Labour issued two orders involving the movement of material, which the … Continue Reading
We are often asked by our clients how long one of their employees has to be off work before it can justifiably take the position that an employment relationship has been “frustrated”. Employers often wonder this because when an employment relationship is frustrated, the employee is not entitled to common law notice or pay in lieu of such notice . So, how long does it take? 1 year? 18 months? 2 years? 5 years?
A recent Human Rights Tribunal decision, Gahagan v. James Campbell Inc., 2014 HRTO 14, appears to provide some guidance on this issue.… Continue Reading