Employment / Labour
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Court awards commissions owing at time of termination, severance

By Barry B. Fisher In Carroll v. Purcee Industrial Controls Ltd. (2017 AMQB 516) Madam Justice Dawn Pentelechuk had to deal with two issues regarding commissions. ... Read more

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Law on side of employees when changing jobs

In competitive industries like technology where workers may be privy to valuable information, the threat of getting sued by a former employer after leaving the company can present ... Read more

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Stress of continuous contract work can lead to mental breakdown

An increase in the number of contract and   part-time workers in Ontario is an issue that is gaining much-needed attention, says Toronto employment lawyer  Nicole ... Read more

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New OHRC guidelines detail obligations in accommodation requests

New guidelines from the Ontario Human Rights Commission clarify that employers can request some personal information from   workers seeking accommodation for disabilities, ... Read more

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Termination clause unenforceable due to 'potential violation'

By Paul Willetts In the recent decision of  Covenoho v. Pendylum Ltd. , the Ontario Court of Appeal awarded a former employee of Pendylum 40 weeks' pay ($56,000), ... Read more

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Why asking your employee to go clubbing could cost you

By Nicole Simes I hope by now you know that sexual harassment at work is against the law. If not, please see  here  and  here . Despite this, sexual ... Read more

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Fisher's Wrongful Dismissal Database quantifies case law

The question of determining reasonable notice in wrongful dismissal cases is often quite subjective, but an online database created and maintained by Toronto employment mediator ... Read more

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Hettiarachchi to discuss worker status at CLE BC employment law event

Vancouver labour and employment lawyer  Heather Hettiarachchi  will explore the topic of independent contractors in the workplace at the upcoming Employment Law ... Read more

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Hettiarachchi: advocating for workplace integrity

A Chartered Professional in Human Resources designation from CPHR Canada,  the national organization of the HR profession,  is  the latest in a series of ... Read more

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Court 'green lights' random drug testing

An Ontario Superior Court decision allowing the Toronto Transit Commission (TTC) to administer random workplace drug testing signals a dramatic shift in the rights ... Read more

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Dismissing a probationary employee

By Heather Hettiarachchi It is not uncommon for employment agreements to include a probationary clause. The rationale behind a probationary period is to enable the parties to ... Read more

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Employers must be mindful of obligations around medical leave

Employers need to be aware that human rights legislation requires them not to discriminate against or terminate an employee on medical leave, and to accommodate that worker ... Read more

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What triggers the duty to inquire about a mental illness?

Employers concerned about job performance that could be linked to mental health issues may have a duty to ask the employee if they need help before termination, Toronto employment ... Read more

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Medical marijuana offered as employee benefit

A plan by a major Canadian grocery and pharmacy chain to offer coverage for medical marijuana is a perk that should not cause controversy if it is treated like any other drug, ... Read more

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Balance needed with long-overdue Changing Workplaces Review

With the last significant overhaul of workplace laws dating back more than 20 years, it is time for changes to be made with the soon-to-be-released Changing Workplaces Review, ... Read more

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Random drug testing could lead to discrimination

A recent decision that paves the way for the Toronto Transit Commission (TTC) to begin randomly testing its workers for drug and alcohol use later this month is problematic on ... Read more

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Negotiate first to avoid unsatisfactory severance, bonus payouts

Employees should carefully review and negotiate their agreements before starting a new job to ensure their severance and termination clauses are acceptable, says Vancouver ... Read more

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Adjudicator denies reinstatement and costs to winning employee

By Barry B. Fisher In Weed v. Royal Bank of Canada (2017 CarswellNat 343) Adjudicator Michelle Somers heard an unjust dismissal case for 14 days, with nine witnesses and ... Read more

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Using laptops at home could lead to overtime claims

Companies that expect workers to bring laptops or smartphones home should set clear policies to avoid potential overtime claims, Toronto employment lawyer Stuart Rudner writes ... Read more

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TTC drug-testing initiative 'significant': Anbar

A court decision allowing the Toronto Transit Commission (TTC) to administer random workplace drug and alcohol tests on its employees is a significant development, says Toronto ... Read more

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