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Vicarious liability in tort is a legal concept that holds one party responsible for the wrongful actions of another. This principle is particularly relevant in employer-employee relationships, where the actions of an employee may lead to legal consequences for the employer. In this refreshed guide, we delve into the nuances of vicarious liability, exploring recent cases, evolving principles, and practical tips for employers. What Is a Tort? Before delving into vicarious liability, it is essential to understand the foundational concept of...
When employees are dismissed from their jobs without cause, they’re entitled to notice in advance of their dismissal or pay instead. This amount is to compensate for the time they’ll need to find new work. The term “severance” is often misused in discussions about entitlements to pay when an employee is dismissed. Severance only applies in some limited circumstances and instead the more accurate term is to describe the payments due on dismissal is “termination pay”. Termination pay is...
The COVID-19 pandemic has fundamentally changed workplaces across Ontario. Many workplaces have switched to work from home models to ensure those businesses can continue to operate despite re-occurring shutdowns of non-essential services. With COVID-19 vaccinations becoming easily accessible to the public and shutdowns lifting once again, many businesses will have the opportunity to re-open and operate from a physical location. With so many businesses operating under the work from home model, non-unionized employees and employers in Ontario may have...
Almost a year after the Ontario government enacted Ontario Regulation 228/20 – the Infectious Disease Emergency Leave (“IDEL”) under the Employment Standards Act, 2000, S.O. 2000, c.41, the Ontario Superior Court has found that employees who have been temporarily laid off due to a reason related to COVID-19, are able to bring a civil action for constructive dismissal under common law. While the Ontario Regulation 228/20 (“Regulation”) provided some flexibility for employer’s to make changes to their employee’s working hours...
Under Ontario’s Human Rights Code (the “Code”), organizations have the ultimate responsibility to maintain a discrimination-free environment. An employer may be found vicariously liable for discriminatory conduct within the workplace even if they were unaware of the conduct or did not condone it. What is Vicarious Liability in Ontario? Under section 46.3 of the Code, where an employee or agent engages in discriminatory behaviour in the course of their employment, the organization will be held vicariously liable for the behaviour. That...
As the pandemic (hopefully) comes to a close, many workplaces are considering continuing remote working in some form. For those who already have, new challenges have surfaced surrounding remote work and the associated rights and obligations in the workplace. When shifting your workforce to go remote, it is wise to consider the rights and obligations involved in remote working. Employment Standards Legislation Continues to Apply Employment standards legislation contains rules that apply to most workers relating to termination and overtime pay,...
Our employment lawyers often get questions surrounding negotiations, and how to negotiate creatively. When it comes to lawsuits at court or applications to a human rights tribunal or commission, the vast majority of cases will end up settling before it ever gets to a trial or hearing. It is beneficial to settle a matter before a trial or hearing as there is no guarantee you will be successful and no guarantee of being awarded any monetary damages by a...
On April 24, 2020, the Human Rights Tribunal of Ontario issued a decision in the case NK v. Botuik, 2020 HRTO 345 awarding the Applicant $170,000.00 in general damages against her former supervisor Mr. Botuik. This represents the second-highest amount of damages ever awarded by the Tribunal in a sexual harassment case. Considering the significant damage award, employers should ensure they take the lessons from this case to best protect themselves from liability for similar damages involving sexual harassment...
With the COVID-19 pandemic ongoing in Ontario, laws making the wearing of masks mandatory to enter stores and businesses have been triggering Human Rights concerns in the City of Toronto. Employers are therefore responsible for enforcing the mask mandate on customers entering their stores and locations, in addition to their employees. While it may seem straightforward, there are other intersecting obligations and issues employers need to be aware of before turning away customers from their business. Exemptions to the Mandatory...
