Employment / Labour
Michael Ford (post until Oct. 31/19)
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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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Proactive approach needed as pay parity law takes effect

Employers should take a proactive approach to legislative changes that mandate equal pay for equal work, Toronto employment lawyer  Miriam Anbar  tells  ... Read more

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Mediators craft more than simple monetary solutions

Employment law disputes often require a mediator who can broaden the range of available tools in order to move towards a resolution, Toronto employment lawyer and mediator ... Read more

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Summer jobs attestation violates Charter: Marshall

A requirement that organizations seeking funding from the Canada Summer Jobs program sign off on an attestation that says they support Charter and other rights, including ... Read more

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Many exemptions for Bill 148's equal pay provisions

A new provision in Ontario’s labour laws that requires part-time, casual and temporary workers to receive the same rate of pay as full-time employees doing substantially the ... Read more

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