Employment / Labour
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Strong termination clauses set clear guidelines: Wise

Well-crafted termination clauses minimize an employer's exposure to unexpected compensation packages, says Toronto employment lawyer Matthew Wise , who ... Read more

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Employers could face punitive damages for ‘egregious’ behaviour

Companies that dismiss employees by claiming they were guilty of a serious crime such as fraud better have the evidence to support that assertion, or they may face significant ... Read more

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Social media do’s and don’ts for job hunters

Most working Canadians are active on social media, but they may be unaware that prospective employers could be viewing their online activity, Toronto employment lawyer Amelia ... Read more

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Refusal to accept recall after illegal layoff failure to mitigate

By Barry B. Fisher In this case , the judge assessed the notice period for a 50-year-old health and training specialist with 23.5 years service at 18 months. The ... Read more

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Wrongful dismissal: recent case law increases legal uncertainty

By Doug MacLeod Recently, it has become increasingly difficult for employment lawyers to assess an employer’s potential legal liability in connection with an ... Read more

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The non-compete clause and employee poaching

By Bram Lecker and Kimberley Sebag Employers commonly include a non-compete clause in their offers of employment. Legally, the non-compete clause is referred to ... Read more

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Employers must exercise caution in for-cause terminations

Companies that try to avoid paying proper severance by claiming “just cause” when they terminate the employment of long-term staff members are taking a big financial ... Read more

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Ontario Divisional Court offers another take on termination clauses

By Laura Williams A series of Ontario decisions in 2017 and 2018 demonstrated that termination clauses are tricky business! Many employers include termination clauses in ... Read more

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Can your employer ask for passwords to your social media accounts?

By Amelia Phillips The  Personal Information Protection and Electronic Documents Act  (PIPEDA) is the federal privacy law for private-sector ... Read more

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Build fair dispute resolution plans into employment contracts: Rudner

Dispute resolution clauses are a productive method of ensuring that employment-related disputes can be resolved efficiently and effectively — provided they’re properly ... Read more

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The fine line between bullying and firm leadership

Bullying can be very clear to those on the receiving end, but employees are often unable to recognize it in the workplace, says Toronto employment lawyer Christopher ... Read more

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Federal Court approves settlement with moms denied extra EI benefits

Toronto employment lawyer  Stephen Moreau is “thrilled” that the Federal Court has approved a multimillion-dollar class-action settlement launched by people ... Read more

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Four signs that sexual harassment is creating a toxic workplace

If an organization has become toxic by enabling sexual harassment to thrive, it will require time and effort to fix, says Bay Ryley , founder and president ... Read more

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Employee vs. contractor at heart of class action

With the courts being asked to take another look at the employee vs. contractor debate, Toronto employment lawyer  Kumail Karimjee  tells  Law Times ... Read more

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New developments on the doctrine of frustration

By Laura Williams In two 2018 decisions, Canadian courts considered the boundaries of the doctrine of frustration. Frustration occurs when two parties can no longer meet ... Read more

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Don't just quit when faced with constructive dismissal

In the final instalment of a two-part series on  constructive dismissal, Toronto employment lawyer Sean O’Donnell discusses  why employees should ... Read more

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Liability for the tort of intentional infliction of mental suffering

By Mackenzie Irwin The tort of intentional infliction of mental suffering (IIMS) is not awarded often and requires the plaintiff to meet a very high threshold. The ... Read more

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Ovsyannikov practices the art of listening in client service

Vaughan employment lawyer Dennis Ovsyannikov tells  AdvocateDaily.com  that his job is all about client service, and that starts from the moment a person walks through ... Read more

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Healthy workplace relationships the best way to prevent bullying allegations

Building healthy workplace relationships is the best defence against allegations of bullying, Toronto employment lawyer  Kevin Marshall tells  AdvocateDaily.com . ... Read more

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OCA says shares held by employee valued at date of termination

By Barry B. Fisher In this case , the court had a situation where the plaintiff held private shares in the defendant which, pursuant to a shareholders agreement, were deemed ... Read more

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