Employment / Labour
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Looking to revoke an employee’s work from home agreement?

By Stuart Rudner   As technology advances, many companies are open to giving their employees the flexibility to work from home. But what happens when you want to start ... Read more

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Successor employers: your company has changed hands

By Bram Lecker  and Simon Pelsmakher What happens to your employment after your company changes ownership? The new owners are called successor employers and ... Read more

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The latest on the legality of random drug and alcohol testing

By Doug MacLeod In 2013, the issue of whether an employer can unilaterally implement random drug testing was addressed by the  Supreme Court of Canada . Bottom ... Read more

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A workplace policy on employees reporting colleagues' impairment

Employers should consider a workplace policy calling for employees to report a co-worker's suspected impairment, even though there is no legislative requirement to do so, ... Read more

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Can managers refuse overtime?

Refusing to work extra hours is risky business for managers, Toronto employment lawyer  Bram Lecker  tells AdvocateDaily.com .  Lecker, principal of  ... Read more

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Misconceptions in the employee vs. contractor debate

In Part 2 of a three-part series on the differences between employee and contractor, Toronto litigator Stefan Rosenbaum discusses the misconceptions. The contract isn’t ... Read more

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Court: employers not liable for defamation for true negative references

By Laura Williams The Divisional Court recently affirmed a decision of the Ontario Superior Court that employers are not liable for defamation for a negative reference if the ... Read more

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MacLeod to receive OBA's Randall Echlin mentorship award

Toronto employment lawyer  Doug MacLeod  will receive the Ontario Bar Association’s Randall Echlin mentorship award on May 29. The OBA's Labour and ... Read more

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Class actions for misclassification could clarify debate

A series of recently launched class-action lawsuits may help clarify the long-standing employee/contractor debate, Toronto employment lawyer  Stephen Moreau  tells the ... Read more

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Refusing to accept offer from purchaser not failure to mitigate

By Barry B. Fisher In this case , two long-term plaintiffs were told that the employer was selling the division that they worked for to another company and that the other ... Read more

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Employer liability for moral and punitive damages

By Laura Williams Because of the special nature of an employment relationship, employers have an obligation to act in good faith and to deal fairly with their ... Read more

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Medical marijuana and workplace intoxication

By Bram Lecker and Jordan Reiner Marijuana is in the news almost daily with legislation underway to legalize it. Our Parliament is currently debating Bill C-45 (The Cannabis ... Read more

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Recommendations for conducting unbiased workplace investigations

An organization that decides to conduct an internal investigation when a harassment complaint is lodged by an employee must ensure that it’s carried out by unbiased, trained ... Read more

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Taking workplace sexual harassment complaints to HR

A company’s human resources (HR) department should ensure its “culture and climate” help would-be complainants feel comfortable coming forward with allegations ... Read more

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Termination clause upheld by Ontario’s Court of Appeal in recent case

By Doug MacLeod Recently, Ontario’s Court of Appeal concluded in this case that the following termination clause was legally enforceable and that the terminated ... Read more

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How NOT to work with your employment lawyer

By Stuart Rudner  and Nadia Zaman Our goal is to provide our clients with sound advice and zealously advocate on their behalf. Presumably, that is why they retain us. Yet ... Read more

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The termination clause: the most litigated aspect of a contract

When drafting employment contracts, it’s important that employers and their counsel pay special attention to termination clauses to avoid litigation after an employee is ... Read more

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Don't forget to mitigate in employment claims

The duty to mitigate their losses often comes as a nasty surprise to plaintiffs with constructive and wrongful dismissal claims, Toronto employment and human rights ... Read more

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Pay transparency bill introduces conflict in provincial laws

Proposed legislation intended to bridge the pay gap for women could prove challenging for recruiters as well as employers, Toronto employment mediator and arbitrator  Barry ... Read more

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LSO mandates training on workplace sexual harassment

As the Law Society of Ontario (LSO) highlights the importance of equality, diversity and inclusion (EDI) — and there's a growing awareness of the need to tackle ... Read more

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