Employment & Labour

Landmark moral damages decision continues to make waves

Almost a year on from a landmark ruling on moral and punitive damages, the reverberations continue to be felt, Toronto employment lawyer Natalie MacDonald tells AdvocateDaily.com. Read more

Uncertainty over termination clauses breeds employment litigation

Contradictory case law over the enforceability of termination clauses makes them one of the most-litigated parts of the employment contract, Toronto employment lawyer Christopher Achkar tells AdvocateDaily.com. Read more

When employers can require an IME as part of the duty to accommodate

By Amelia Phillips . In this case , the applicant was superintendent of schools at a school board. He had worked at the board (and its predecessor) since 1975. In 2010, the board appointed another individual as its director of education, a position that the applicant hoped to be considered for, but was not. This eventually triggered the applicant’s depression, which led to a two-year paid sick leave from work followed by his eventual resignation in 2013. Read more

Court clarifies law on employee’s right to rescind resignation

A recent Ontario Superior Court decision involving a woman who provided her employer with written notice of retirement only to rescind it a month later offers overdue clarity on the law of employee resignation, Toronto civil litigator Bruce Baron tells AdvocateDaily.com . Read more

MacLeod Law Firm adds new associate

Toronto employment lawyer Doug MacLeod tells AdvocateDaily.com that an increase in the firm’s caseload and a growing clientele has made it necessary for him to hire a new associate. Read more

Moreau files class action against TV production company

A $45-million lawsuit has been launched against the production company that makes a number of popular TV programs — including Property Brothers — alleging wages and other benefits were unpaid to hundreds of contract production workers. Read CBC , CTV , Global Read more

An employee is not entitled to retract an accepted resignation

By Laura Williams . For employees who resign from their positions and whose resignation is accepted, the decision is final. In this case , the Ontario Superior Court of Justice considered the case of an employee who resigned from her position when she learned that her employer planned to move its customer information to a new computer system. Read more

A benefit of working past 65: employee benefits must continue

By Doug MacLeod . A recent human rights decision may result in Ontario employers paying higher premiums for group employee benefit plans. Read more

Karimjee to co-chair LSO's 19th annual Employment Law Summit

On Oct. 30 , Toronto employment lawyer and mediator Kumail Karimjee will co-chair the Law Society of Ontario’s Employment Law Summit. Read more

Court of Appeal clarifies the law surrounding mass terminations

By Laura Williams . In a recent case , the Ontario Court of Appeal clarified an employer’s obligations under the Employment Standards Act, 2000 (the ESA) when engaging in mass terminations. In this case, the employer terminated over 50 employees at one of its facilities as a result of plans to relocate manufacturing operations elsewhere. The 74 employees who did not sign documents releasing the employer of any obligations related to their employment commenced a class action proceeding seeking additional pay in lieu of common law notice. Read more

Human Rights Commission releases updated policy before pot legalization

Ontario's Human Rights Commission is trying to adopt a balanced approach to protecting the rights of both employers and employees in regard to marijuana use in the workplace, Toronto employment lawyer and mediator Stuart Rudner tells AdvocateDaily.com . Read more

Evaluative mediation not for the faint of heart

Don’t expect Toronto employment law mediators Barry B. Fisher or Peter Israel to act as mere messengers between parties at your mediation. Read more

Unpaid suspensions: clarification on the law

By Laura Williams . A recent decision from the Ontario Court of Appeal has refined the law on administrative suspensions and, particularly, when such a suspension constitutes a constructive dismissal. An administrative suspension can be an effective interim measure pending the results of an investigation into workplace misconduct, harassment or violence. However, employers do not have unfettered freedom to impose administrative suspensions and where suspensions are imposed unreasonably employers can be liable for constructive dismissal damages. Read more

Williams HR Law recognized as law boutique of the year

The Canadian HR Awards recently named Williams HR Law as Labour and Employment Law Boutique of the Year — an accolade which Markham, Ont.-based employment lawyer Laura Williams says is a reflection of her team's hard work and commitment to excellence. Read more

Age discrimination: cutting off benefits at 65

By Bram Lecker and Kimberley Sebag. When the new millennium arrived, the Ontario government was put on notice, like many others across the western world. A massive demographic shift was about to affect workplaces. Baby Boomers were approaching retirement. At the time, the Ontario Human Rights Code (OHRC) prohibited workplace discrimination for workers aged 18 to 65. Our laws supported mandatory retirement at age 65 when many Boomers were simply not ready to kick off their boots. Subsequently, in December 2006, Ontario eliminated mandatory retirement by removing the upper age limit from the Human Rights Code. Today, businesses require a specific reason, other than age, to terminate older workers. Age discrimination entered our lexicon and the OHRC protects you from it. Read more