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Sean Bawden
166 followers -
Ottawa Employment Lawyer
Ottawa Employment Lawyer

166 followers
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Employee Allowed to Sue for Sexual Harassment Five Years After Signing Full and Final Release
Can an employee sue her former supervisor for sexual harassment if she has signed a Full and Final Release in favour of her former employer? In the case of Watson v. The Governing Council of the Salvation Army of Canada , 2018 ONSC 1066 (CanLII), the Ontari...
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No Right to Sue Employer for Sexual Assault by Co-Worker: WSIAT
Can an employee sue her employer if she is sexually assaulted at work by a co-worker? In a decision by the Ontario Workplace Safety and Insurance Appeals Tribunal (the “WSIAT”), Decision No. 3096/17, 2018 ONWSIAT 1563 (CanLII) , the answer was once again, ...
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Open Letter Re: Bill 47 and Bereavement Leave
Dear Premier Ford, Minister Smith, and Minister Scott. I am writing to you with respect to the issue of Bill 47, the Making Ontario Open for Business Act, 2018 and, more specifically, the subject of bereavement leave. I will proceed from the presumptions th...
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Court Invalidates Working Notice Period – Qualitative Component Absent
It is a well-known fact that employers must provide their employees with “reasonable notice” of the termination of their employment. But, is there a qualitative component as to what is “reasonable”, in addition to a quantitative component? In the case of Wo...
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Court Says New Zealand Lamb Company’s Termination Clause Just Plain Baaa-d
Given all the other noise about what it takes to make a contractual termination clause legally binding, one can be forgiven for overlooking the most basic rule: The language used must be clear. The contractual termination clause considered in the case of Mc...
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Choice of Law Provisions: Application of the Ontario Employment Standards Act to International Employees
Can an employer and employee agree by contract that the laws of Ontario, Canada will apply to terms of their employment relationship, even if: (a) the employee works and is physically situated in in Los Angeles, California; and (b) the company is a New Jers...
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Today’s Tip for Making a Termination Clause Legally Binding: KISS
Stop me if you’ve heard this one before: An employer attempts to limit, by employing a contractual termination clause, its obligation to provide notice of termination to no more than the statutory minimum amount prescribed by the provisions of the Employmen...
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Changing One’s Mind about Retirement
May an employee who has resigned her position of employment by way of a notice of retirement later rescind her written notice of retirement? If so, under what conditions may she do so? Those were the questions answered by the Honourable Justice Mark L. Edw...
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Assessment of Damages in Sexual Assault Cases
What is a reasonable assessment of damages in a civil case of sexual assault? Is the fact that a perpetrator of sexual assault has not been criminally punished a relevant factor in the decision to award punitive damages? In Zando v. Ali , 2018 ONCA 680 (Can...
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Receipt of LTD Evidence of Frustration
Is the continued receipt of long-term disability (“LTD”) benefits evidence that one’s contract of employment has become legally “frustrated”? In the case of Roskaft v. RONA Inc. , 2018 ONSC 2934 (CanLII) the Honourable Justice Andra Pollak said yes. Facts ...
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