Employment & Labour

OCA ruling doesn’t mean employers can act with impunity

A recent Ontario Court of Appeal (OCA) ruling that refused to recognize the tort of harassment doesn’t give “carte-blanche” to employers to engage in such conduct, says Toronto employment lawyer Christopher Achkar. Read more

Decision preferring contractual over common law rights concerning

Employees should be concerned by a recent Court of Appeal decision distinguishing between employment and shareholder rights, says Toronto employment lawyer Michael Wright. Read more

Fitness-for-work policy good alternative to drug testing: Howden

Employers may be wondering if their workers are consuming drugs on the job, especially since marijuana became legal, but there are few instances where they can actually conduct random drug testing, says Toronto employment lawyer Deborah Howden. Read more

Is the relationship broken when an employee resigns but is re-hired?

By Laura Williams When an employee resigns, the existing employment relationship comes to an end. At that point, the employer is generally absolved of legal obligations except the duty to pay the employee during the resignation notice period, provided that the employee was not constructively dismissed. Read more

Be wary of termination agreements that limit entitlements

People should always seek legal advice if they are asked to sign a termination agreement upon being hired since these contracts invariably favour the employer, says Toronto employment lawyer Stephen Moreau. Read more

Wrongful dismissal damages for employee/shareholders

By Doug MacLeod Executives often receive different forms of compensation such as salary, bonus, short-term incentive compensation, long-term compensation, stock options, and income from shares in the corporation. Read more

Ontario labour laws advanced by U.S. company

By Bram Lecker and Simon Pelsmakher Ontario labour laws evolve by nature. Decisions rendered by courts set precedents and add to a jurisprudence that primarily remains pro-employee. Read more

OCA finally sets limits on reasonable notice

By Barry B. Fisher In this case, the Ontario Court of Appeal struck down a 30 month notice period and reduced it to 24 months. Read more

Changes for federal employees include leave provisions

Changes to the Canada Labour Code (CLC) around paid leave for federally regulated employees could open the door for other forms of leave from work to be covered in the future, says Toronto employment lawyer Doug MacLeod. Read more

Monitoring employees on social media

By Christopher Achkar While the internet arguably brings people together, monitoring employees on social media presents new challenges for employers, as online platforms open new avenues for workplace harassment. Read more

When does hiring the 'right person' lead to potential discrimination?

By Stuart Rudner When companies overlook an over-qualified visible minority for one that’s the “right fit,” it can lead to potential discrimination. Read more

Workers have the right to unplug when workday is done: Low

Ontario employees have the “right to disconnect” if they are being asked to answer emails and make phone calls after work hours, and they should seek legal advice if told otherwise, says Toronto employment lawyer Ellen Low. Read more

Terminated employees should seek legal advice promptly

Employees who accept the terms of a termination agreement without seeking legal counsel are doing themselves a disservice, says Vaughan employment lawyer Dennis Ovsyannikov. Read more

Are executives entitled to variable compensation after being terminated?

By Doug MacLeod This blog reviews a recent Ontario Court of Appeal decision that considered whether or not an employer can discontinue a variable compensation plan that accounts for about 50 per cent of an executive’s total compensation. Read more

Can an employer suspend an employee accused of workplace harassment?

By Laura Williams In the era of #metoo and #timesup, workplace harassment has become a hot-button issue for employers. Read more