Employment & Labour

Drinking and driving may not be cause for dismissal

By Stuart Rudner . Previous court decisions have confirmed that an employee’s conduct outside of work may form the basis for the termination of their employment. However, not all misconduct outside of work will constitute just cause, as confirmed in this recent British Columbia Supreme Court case . Read more

Awareness increasing on transgender rights

Canadian jurisdictions have taken a proactive approach to transgender rights in recent years, Windsor employment lawyer Jessica Koper tells AdvocateDaily.com . Read more

Disability benefits: no peace in peace of mind contracts

By Bram Lecker . Many employers offer short and long-term disability Insurance benefits as enhancements to remuneration packages. These valuable extra perks, often used as carrots, allow them to attract the best candidates and retain valued employees. Disability benefits provide you with a modicum of security, both financial and psychological. They promise income replacement if you are suddenly taken ill or disabled. That is why the legal community refers to disability benefits agreements as peace of mind contracts . However, employees receiving such benefits are usually quite unaware of the special nature of such contractual relationships. Read more

The cost of terminating employees when a business is sold

By Doug MacLeod . When a business is sold the cost of terminating unwanted employees can significantly impact the sale price. The purchaser does not want to pay the cost of terminating long service employees, and the seller doesn’t want to incur termination costs which reduces the net sale price. Read more

When insolence becomes just cause for firing

Insolent behaviour by an employee towards a supervisor or employer could result in dismissal for just cause, says Vaughan labour and employment lawyer Arthur Zeilikman . Read more

Exception permitting termination of benefits ruled unconstitutional

By Laura Williams . On May 18, 2018, the Human Rights Tribunal of Ontario (the HRTO or Tribunal) released an important interim decision in this case . An interim decision is a decision on a particular point in a case made pending the final outcome of the case and is not a final decision. Read more

Fitness club $7.5M overtime settlement highlights ESA obligations

If employee overtime hours are not managed properly, it can lead to significant consequences, costs and risks for employers, Toronto employment lawyer Miriam Anbar tells AdvocateDaily.com . Read more

Tread carefully when offering unpaid summer internships

Employers who plan to use unpaid summer interns should tread carefully, Toronto employment lawyer Bram Lecker tells AdvocateDaily.com . Read more

Time for employers to update drug policies in light of marijuana legalization

Employers need to review and update their workplace drug policies before recreational marijuana becomes legal this fall, says Toronto employment lawyer and mediator Stuart Rudner. Read more

Background check reforms make employers' lives easier

A new law limiting what can be turned over in police background checks will make employers’ lives easier, Toronto employment lawyer Deborah Howden tells AdvocateDaily.com . Read more

Frustration does not apply when employer refuses employee other jobs

By Barry B. Fisher . In this case , Justice Conway, on appeal, had the following situation: Read more

Hawryliw brings business background to commercial litigation

Barrie commercial litigation and employment lawyer Scott Hawryliw wants to do law differently. Read more

New OCA decision on the enforceability of termination clauses

By Laura Williams . The Ontario Court of Appeal recently released a new decision on the enforceability of termination clauses that sheds light on the proper interpretation of employment agreements and the validity of “saving provisions.” In the context of employment agreements, saving provisions typically provide that the employee shall not receive less than their minimum statutory entitlements under the Employment Standards Act (the ESA ) in any circumstance, even if parts of the termination clause could be interpreted to suggest that the employee will receive less than their minimum ESA entitlements. Read more

OSC awards $100K punitive, $25K moral damages to president

By Barry B. Fisher . In this case , the judge awarded 19 months' notice to a 54-year-old president making $289,000/year with 11 years’ service. Read more

Is an employee entitled to their pre-leave job when they return?

By Stuart Rudner . Employers are often challenged with return-to-work cases. It can be difficult for employers to balance their right to a productive workplace with a worker’s fundamental right to equality. Read more