Employment & Labour

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 punitive damages, Toronto employment lawyer Kathryn Marshall tells AdvocateDaily.com . Read more

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 Phillips tells AdvocateDaily.com. Read more

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. Read more

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 employee termination. The law is pretty straightforward but predicting how a judge will apply the law to a specific termination is riddled with legal uncertainty. Read more

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 as a “restrictive covenant.” It attempts to restrict your trade by limiting your ability to work for a competitor or start a competitive business. Read more

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 risk, Toronto employment lawyer Ellen Low tells AdvocateDaily.com . Read more

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 employment agreements, which set out the entitlements of employees upon the termination of their employment. Read more

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 organizations. The Act sets out the ground rules for how companies must handle personal information in the course of their business operations, including human resources. Read more

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 crafted, says Toronto employment lawyer and mediator Stuart Rudner. Read more

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 Achkar. Read more

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 denied employment insurance (EI) sickness benefits because they were on parental leave at the same time as their illness, reports the Toronto Star . Read more

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 of workplace e-learning company Ryley Learning . Read more

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 the test is based on the practical realities of the working relationship between the worker and employer. Read more

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 their contractual obligations, through no fault of their own, due to an unforeseen “frustrating event” that precludes the execution of the duties under the contract. Read more

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 avoid quitting in constructive dismissal situations, if possible. Read more