Employment & Labour

OCA distinguishes employee rights v. shareholder rights

By Barry B. Fisher In this case, the Court of Appeal revised a trial decision where an executive was given 26 months notice. Read more

Be aware of changes in contractor relationship: Low

Knowing the distinction between an independent contractor and an employee is an important consideration for an employer, says Toronto employment lawyer Ellen Low. Read more

Non-competition and non-solicitation: Achkar

By Christopher Achkar Employers often include what are called “restrictive covenants” within their employment contracts, i.e. non-competition and non-solicitation clauses, with a view of protecting their business after the employment relationship comes to an end. Read more

OCA affirms notice period exceptions granted in rare cases

Even though the Ontario Court of Appeal recently reduced a senior employee’s termination notice entitlements to 24 months from 30 — despite what seemed like exceptional circumstances — that does not mean courts are unwilling to exceed the usual two-year soft cap in other cases, says Toronto civil litigator Stephen Moreau. Read more

(Yet) another termination clause bites the dust

By Doug MacLeod There are many ways to attack the termination clause in an employment contract. Read more

Contractor or full-time staffer — weigh benefits, drawbacks

The pros and cons of contract work versus full-time employment should be understood by both employers and individuals so they can make the decision that is right for them, says Toronto employment lawyer Doug MacLeod. Read more

Lifelong passion for justice leads to legal profession

Toronto employment and human rights lawyer Mika Imai grew up with a passion for social justice but found herself at a crossroads after completing her International Development Studies B.A. Read more

SCC to weigh in on ride-sharing arbitration clause

A 2017 Supreme Court of Canada (SCC) decision may be the best indicator for how it will rule this fall when it hears an appeal of a ruling that shot down a ride-sharing giant’s arbitration clause as illegal and "unconscionable," Toronto employment lawyer Christopher Achkar tells the Canadian Bar Association’s National magazine. Read more

Sweeping changes to Canada Labour Code coming into force on Sept. 1

By Laura Williams On June 13, 2019, the federal government proclaimed Sept. 1, 2019, as the coming into force date for a number of amendments to the Canada Labour Code [Code]. Read more

Post-investigation issues – what they are, how to handle them

When the ink is dry on a workplace investigation, the job is far from done, says Toronto employment lawyer and mediator Stuart Rudner. Read more

Employee can rescind ‘equivocal’ resignation: OCA

The Ontario Court of Appeal (OCA) has confirmed that for a resignation to be effective it must be clear and unequivocal, Vaughan labour and employment lawyer Arthur Zeilikman tells The Lawyer’s Daily. Read more

Sexual harassment at work

By Christopher Achkar Sexual harassment at work is a serious issue that has been ignored for far too long. Employees are protected under the Ontario Human Rights Code (the Code), the Canadian Human Rights Act (the Act), and the Canadian Labour Code (CLC) from being sexually harassed at and outside of the workplace by a colleague or employer. Read more

Body art and dress codes: how much say does an employer have?

By Stuart Rudner More and more people are getting tattoos. Pew Research Center reported that nearly 40 per cent of American Millennials had a tattoo — far more than the Baby Boomer generation (only 15 per cent of people surveyed in that age group reported having a tattoo). Read more

Seek legal advice with addictions in the workplace: Irwin

Employers need legal guidance when dealing with addictions in the workplace as case law is continually developing in this area, says Toronto employment lawyer Mackenzie Irwin. Read more

Exploring legal options for pay-equity complaints

Comparators are key to pay-equity claims, says Toronto employment lawyer Bram Lecker. Read more