Employment & Labour

‘Courtesy calls’ and enforceability of non-solicitation clauses

By Laura Williams . Employers regularly include restrictive covenants, such as non-solicitation clauses and non-competition clauses, in employment agreements. Non-solicitation clauses enable employers to protect their business by prohibiting former employees from appropriating client business for a prescribed period after the termination of the employment relationship. Read more

Seminars to review significant human rights, labour law issues

Employers will have an opportunity to learn more about the impact of changes to the legal landscape on workplaces this October during two seminars, Toronto employment lawyer Doug MacLeod tells AdvocateDaily.com . Read more

Appeal court unnecessarily complicates law on mitigation: Fisher

Ripple effects are being felt from an Ontario Court of Appeal (OCA) decision that needlessly complicated the calculation of mitigation income, says Toronto employment mediator and arbitrator Barry B. Fisher . Read more

Sale of business and the effect on employees

By Stuart Rudner . If a business is sold and the new owner keeps the employees, have they entered into a new contract of employment? This is a question that we are asked all the time and the answer, as it often is, is that “it depends.” The primary factor in the analysis will be the nature of the sale; was it a share purchase or an asset purchase. Read more

Smart policy development may encourage reporting

One of the difficulties employers face with respect to mitigating the risks of sexual misconduct in the workplace are the barriers to the offending behaviours being reported, Markham, Ont.-based employment lawyer Laura Williams tells a Globe and Mail roundtable. Read more

Legal analytics lets lawyers cut down on ‘grunt work’

Legal analytical software can cut a firm’s research time by 75 per cent, Toronto employment lawyer Stephen Moreau tells the Canadian Bar Association’s National magazine. Read more

How not to work with your mediator

Counsel for both parties involved in an employment dispute can make or break the chances of settlement with their approach to mediation, Toronto employment lawyer and mediator Stuart Rudner tells AdvocateDaily.com . Read more

Key mistakes to avoid for success in mediation

Mandatory mediation in some jurisdictions in Ontario coupled with the desire to find an alternative to the litigation process means more people are using mediation to resolve employment law and other legal disputes, writes Toronto employment lawyer and mediator Peter Israel in HR Professional . Read more

Court weighs in on scope of release and settlement documentation

By Laura Williams . In a recent decision, the Superior Court of Justice weighed in on the scope of release and settlement documentation as it pertains to workplace sexual harassment and other types of misconduct that may affect employees. It is standard for most employers to have employees sign a full and final release when settling disputes that arise within the context of employment. However, as this decision indicates, a signed release is not always a complete guarantee that the employer will not face further liability. Read more

Misclassifying contract workers

By Bram Lecker and Kimberley Sebag. When Bill 148, Ontario’s Fair Workplaces, Better Jobs Act, 2017 became law in January 2018, reforms to our employment laws were long overdue. The Employment Standards Act, 2000 (ESA), which governs Ontario worker rights, inadequately addressed conditions uniquely faced by precariously employed workers. Read more

Person's past history not disclosed under new criminal records check law

Individuals are less likely to be unfairly disadvantaged by incidents in their past when a new law limiting what can be turned over in police background checks finally comes into force, Toronto employment lawyer Kevin Marshall tells AdvocateDaily.com . Read more

The dos and don'ts of employee termination

The termination of an employee is fraught with dangers for employers, Toronto labour, employment, and human rights lawyer Christopher Achkar tells AdvocateDaily.com . Read more

Employers must probe any claims of work harassment

Every employer in Ontario has the legal obligation to probe all claims of workplace harassment, says Toronto employment lawyer Doug MacLeod . Read more

MacDonald: updating Extraordinary Damages in Canadian Employment Law

Toronto employment lawyer Natalie MacDonald is working on an update to her influential book, Extraordinary Damages in Canadian Employment Law . Read more

Employees do not have absolute right to use medical marijuana at work

By Laura Williams . As many employers are aware, the use of medical marijuana in the workplace must be treated as an accommodation issue in the same manner that employers treat the use of any other potentially intoxicating but legally-prescribed medication. Read more