We sponsor the Julius Alexander Isaac Moot. Since its inception, the unilingual moot has focused on an area of law in which issues of equity and diversity arise, often incorporating elements of critical race theory into the problem. The Black Law Student Association of Canada administers the Julius Alexander Isaac Moot in collaboration with law...Continue Reading

We are pleased to announce that Rachel Turnpenny of our firm has been recognized in the 2024 Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada. Rachel was included for her contributions in the area of Employment Law. Congratulations Rachel! For Rachel A. Turnpenney’s Bio click here. Learn more at: https://www.lexpert.ca/rankings  Continue Reading

Rachel Turnpenney of our firm will be speaking at Employment Law Masterclass 2024 on February 15, 2024.  Her session will be on “The Tort of Harassment: Mitigating Employers’ Civil Litigation Risk” at 1:25pm. The Employment Law Masterclass brings together labour and employment lawyers, and inhouse counsel for an update on all things employment law. This...Continue Reading

Attention Employers: AODA Compliance Reports Due December 31st All private and non-profit employers with 20 or more employees are required to file reports with the Ontario government, confirming their compliance with the requirements under the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”). Those reports are due December 31, 2023. Below is an overview of...Continue Reading

Severance for Short Tenured Employee: The Case of Grimaldi v. CF+D Custom Fireplace Design Inc. The length of an employee’s service is a factor that goes into the assessment of how much notice of termination or pay in lieu of notice (ie. ‘severance’) an employee is entitled to under the common law. Generally, the longer...Continue Reading

Bill 149: Working for Workers Four Act On November 15, 2023, the Ontario Government tabled Bill 149, which if passed, would make changes to Ontario’s Employment Standards Act, 2000 (“ESA”) to provide further protections to employees. The following are some of the key proposed changes for employers to note. Job Posting Requirements If passed, Bill...Continue Reading

Asha Rampersad of our firm will be speaking at Ontario Nurses’​ Association at the Birchmount Conferences Group Return To Work in a Healthcare Workplace Conference on November 22, 2023, 1:30pm to 3:00pm. Senior hospital leadership from across the country will be attending to gain practical insights and to discuss challenging issues facing employee return-to-work issues....Continue Reading

Ozlem Yucel will be presenting at Infonex Inc.’s “Preventing Discrimination, Harassment, Bullying & Violence in the Workplace” Virtual Conference on November 22, 2023 at 10:15am. Ozlem will be discussing supervisors’ duties, in particular, in preventing discrimination, harassment and violence in the workplace. This workshop is recommended for all supervisors as well as HR professionals. Click...Continue Reading

Esi Codjoe of our firm will be speaking at the CBA Administrative Law, and Labour and Employment Law Conference on Friday November 17, 2023 from 3:15 pm – 4:45 pm at Westin Ottawa, 11 Colonel By Drive, Ottawa, ON. In this conference, labour and employment practitioners will have the opportunity to hear about the year’s...Continue Reading

Jeff Rochwerg of our firm will be speaking at the 2023 Employment Lawyers Association of Ontario’s TFK Conference – Workplace Investigations and For Cause Terminations Panel on November 9, 2023 from 8am to 4pm.  Jeff is scheduled to speak at 2:00pm. To register please click here.  Continue Reading

Turnpenney Milne is pleased to announce that Asha Rampersad has joined the firm’s partnership. Asha is an experienced employment lawyer with a focus on human rights litigation, disability management, conducting complex workplace investigations and culture assessments, training and providing employment advice to a wide variety of employers. Asha has conducted many complex and sensitive investigations...Continue Reading

Black Physicians of Canada is hosting their inaugural conference to connect Black physicians and physicians-in-training across Canada and to establish a community while centering our wellness. Themes across the conference are advocacy, mentorship, leadership, education and wellness.  Esi Codjoe and Cereise Ross’s panel is with respect to Intersection Between Health, Law and Advocacy.  They will be...Continue Reading

With our topic “Leadership in Challenging Times: Unpacking Diversity, Anti-Racism, and Inclusion in Policing” – We will be sharing insights ranging from recruiting diverse talent in policing, promoting diversity in leadership through to dealing with public protests and the increased attention to diversity in the sector and discussing what leaders can do to support their...Continue Reading

We are excited to be together again in-person at the Mississauga Convention Centre! Shannon Sproule and Asha Rampersad will be speaking at this annual industry conference which is gathering Schedule 2 Employers from across Ontario to learn about current issues and new advancements in the fields of workers’ compensation, disability management, employee wellness, and workplace...Continue Reading

Attention all Federal Employers! Changes to Canada Labour Code Are In Effect There are important amendments that have been made to the Canada Labour Code (“Code”) that all federally regulated employers need to take note of.  As of July 9, 2023, federally regulated employers must now: Provide written statements to employees; Reimburse reasonable work-related expenses;...Continue Reading

Ozlem Yucel presented to close to 1,000 people at the Human Resources Professionals Association on August 17, 2023. The program was called “Guide to Bullying and Harassment” and provided HR professionals with:  An understanding of what behaviours amount to harassment under the law; An overview of an HR professional’s role and legal obligations in mitigating...Continue Reading

Rachel Turnpenney will be speaking at the HRD Employment Law Masterclass Toronto 2023 on September 7, 2023 at 11:25 am. She’ll be speaking on employers’ legal obligations, and how they can support employees while still meeting the needs of the business.    The Employment Law Masterclass will give you the latest update on employment law legislation...Continue Reading

In the article “What are my responsibilities as an employer?” from the Business Development Bank of Canada, Esi Codjoe speaks about how any businesses need to improve their understanding of their obligations to employees. “Codjoe says you can ensure you’re doing everything required by consulting a lawyer who knows your jurisdiction. ‘Even if you’re already established,...Continue Reading

The fix is in? Court rules unenforceable termination clause does not invalidate term in fixed term contract In the 2023 decision of Kopyl v. Losani Homes (1998), a former employee of Losani Homes (“LH”) brought an application to the Ontario Superior Court requesting an interpretation of a one-year fixed term employment agreement between themselves and...Continue Reading

Human Rights and Vicarious Liability for Harassment While in many cases, an employer can be vicariously liable for the actions of its employees, a number of nuances come into play when it comes to human rights matters. Incognito v. Skyservice Business Aviation (2022 ONSC 1795) provides a helpful overview of these considerations, at least relating...Continue Reading

New Tort of Harassment Created in Alberta The Court of King’s Bench of Alberta has established the tort of harassment in the decision Alberta Health Services v Johnston. The judge found that the defendant’s public targeting of one of the plaintiffs (a public health inspector), triggered by his reaction to her enforcement of COVID-19 public...Continue Reading

The Sound of Silence: Pham v. Qualified Metal Fabricators Ltd. The recent Ontario Court of Appeal decision, Pham v. Qualified Metal Fabricators Ltd., 2023 ONCA 255, serves as a cautionary tale for employers who attempt to equate employee silence to condonation, and highlights the difficulties in relying on implied terms in the context of temporary...Continue Reading

Esi Codjoe will be speaking at the Ontario Bar Association’s Annual Update on Human Rights on Wednesday, May 24, 2023 at the Ontario Bar Association at 10:00 a.m. She’ll be speaking on Recent Human Rights Decisions and Developments. As always, the Annual Update on Human Rights will get you up to speed on the latest...Continue Reading

Ozlem Yucel is presenting at Lancaster House’s Toronto Human Rights and Accommodation Conference on April 18, 2023. She will discuss key issues related to workplace harassment, discrimination, and poisoned work environments. For more information and to register, click here.Continue Reading

Esi Codjoe is presenting at the Webinar for Advising on Balanced Workplace Cultures that Attract and Keep the Best Talent at the Canadian Bar Association Tuesday, March 28, 2023  12pm to 2pm. For registration please click here. This Webinar will deal with: Defining the organization’s goals in this area: working with management to assess needs...Continue Reading

The recent Ontario Court of Appeal decision, Celestini v. Shoplogix, 2023 ONCA 131 provides a salient commentary on the doctrine of changed substratum and serves as an important reminder for both employers and employees about the enforceability of employment agreements as an employee’s role evolves. The case also imparts helpful guidance on an employee’s bonus...Continue Reading

Turnpenney Milne is pleased to announce that Ozlem Yucel has joined the firm’s partnership. Ozlem Yucel advises and represents employees and employers in all areas of employment law, including: • terminations and severance packages, • wrongful and constructive dismissals, • dismissals for just cause, • bullying and harassment, • human rights and discrimination, • employment...Continue Reading

The recent case of Teljeur v. Aurora Hotel Group, 2023 ONSC 1324 (“Teljeur”) is an important one for employers and employees to take note of.  It highlights a growing tendency by courts to award elongated notice periods to short-tenured employees, as well as significant moral damages for an employer’s bad faith conduct. Facts By way...Continue Reading