Employment & Labour

Medical marijuana and workplace intoxication

By Bram Lecker and Jordan Reiner . Marijuana is now legal in Canada. As planned, Bill C-45 (The Cannabis Act ) became law on October 17, 2018. And with it, Canadian employers must adapt to the reality of cannabis use by their employees, both recreationally and medically. Read more

Plan ahead to ensure office holiday party is festive — and safe

Office holiday parties are meant to be fun events to foster a collegial environment, but they can turn into disasters for employers who fail to plan adequately, Markham, Ont.-based employment lawyer Laura Williams tells AdvocateDaily.com. Read more

Once resignation accepted by employer, employee cannot resile

By Barry B. Fisher . In this case , the judge had a situation where an employee gave her employer four months’ notice of her resignation because she did not want to be involved in an upcoming computer conversion that was planned. The employer accepted her resignation and started to make plans to redistribute her work. Read more

Unfounded allegations against dismissed employees can be costly

By Laura Williams . Dismissing an employee from their position can be one of the most challenging aspects of workplace management faced by employers. When an employer decides to dismiss an employee several organizational and legal risks can arise. Accordingly, it is important that terminations are conducted properly and in good faith to ease the transition for the employee and mitigate any risks to the employer. Read more

Valuing employee pensions in wrongful dismissal cases

By Doug MacLeod . A long service, older worker is terminated. Under the terms of the individual’s pension plan, the employer is not permitted to continue his participation in the pension plan. So the question arises: when calculating wrongful dismissal damages, how do you calculate damages for pension benefits? Read more

No absolute right to smoke medical pot on the job

A recent human rights ruling shows there are limits on an employee’s right to smoke medical marijuana on the job, Vaughan labour and employment lawyer Arthur Zeilikman tells AdvocateDaily.com. Read more

Cross-examination by video conferencing: still the exception

By Amelia Phillips . Under what circumstances can a witness be compelled to attend cross-examination outside of the jurisdiction in which he/she lives versus, say, by video conferencing? While the law is evolving, examination by video conferencing is still the clear exception to the rule and for some good reasons. Read more

Comprehensive drug, alcohol policy serves employers best: Rudner

Employers should ensure they have an effective, realistic drug and alcohol policy rather than trying to create one specifically for cannabis, Toronto employment lawyer and mediator Stuart Rudner writes in The Lawyer's Daily . Read more

Getting up to speed on pot laws

Now that recreational cannabis is legal, employers should be familiar with how regulations will affect their workplaces, Toronto employment lawyer Christopher Achkar tells The Lawyer’s Daily . Read more

Off-duty conduct can impact your job security

Workers’ off-duty activities could get them fired, Toronto employment lawyer Kevin Marshall tells AdvocateDaily.com. Read more

Happy Holi-daze – an update on social host liability

By Mackenzie Irwin . As we head into the holiday season, many employers will be hosting holiday parties for their employees. With the recent legalization of cannabis and a new decision out of the Ontario Court of Appeal, an update on social host liability is in order. Read more

Arbitration underutilized in employment law: Rudner

Arbitration gives the parties to an employment dispute the chance to create their own specialized court, employment lawyer, mediator and arbitrator Stuart Rudner tells AdvocateDaily.com . Read more

Webinar to provide update on social host liability during holiday season

With the holiday season just around the corner, Toronto employment lawyers Kathryn Marshall and Mackenzie Irwin want to ensure that employers are aware of their responsibilities as social hosts. Read more

Right to disconnect could benefit employers, employees

A legislated “right to disconnect” could yield benefits for employers, Toronto employment lawyer Sean O’Donnell tells AdvocateDaily.com. Read more

Bankruptcy muddies the waters for employees seeking severance

Employees could be substantially out of pocket if their employer goes bankrupt, says Toronto employment lawyer Bram Lecker. Read more