Employment & Labour

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

Stuart Rudner's media roundup

Toronto-area employment lawyer Stuart Rudner is frequently called upon by the media to be a trusted source for their news stories, particularly for his focus on employment law matters for both employer and employee clients and mediation in all areas of employment law and labour-related disputes. Read more

Israel to share insights on employment law mediation

Toronto employment lawyer and mediator Peter Israel will share his insights on employment law mediation at the 19 th annual Employment Law Summit in Toronto. Read more

Stuart Rudner recognized as legal influencer in Canadian employment law by Lexology

Toronto lawyer Stuart Rudner has been recognized as a Legal Influencer in Canadian employment law in the first Lexology Awards, announced Oct. 3. Read more

Money blinds parties to the value of relationships

Large amounts of money can easily blind those involved in lawsuits to the cost to existing relationships, Toronto employment lawyer Kevin Marshall tells AdvocateDaily.com. Read more

Legal gap closing between temporary and full-time workers

Recent legislation closes the legal gap between temporary and full-time employees, Toronto employment lawyer Bram Lecker tells AdvocateDaily.com. Read more

AI no shortcut to diverse hiring

Artificial intelligence (AI) can't provide a quick fix to eliminating discrimination in hiring, Toronto employment lawyer Jordan Rodney tells AdvocateDaily.com. Read more

Key points for employers about condonation

By Arthur Zeilikman . Employers do not have to provide notice of termination or pay in lieu thereof if there was “just cause” to terminate the employee. Just cause exists if the employee has committed a serious act of misconduct such as an act of insubordination or incompetence. Read more

Employment law update: mid-year report

By Doug MacLeod . In this blog, as we enter the dog days of summer, I will review five current trends and developments in Ontario’s employment laws. Read more

Dismissal for violation of attendance policy ruled not discriminatory

By Laura Williams . As most employers know, the Ontario Human Rights Code (the Code) prohibits employers from discriminating against any person with respect to their employment based on enumerated grounds such as race, religion, sex, sexual orientation and disability. In this case , a recent decision from the Human Rights Tribunal of Ontario (the HRTO or the Tribunal), the HRTO addressed whether it is discriminatory for an employer to dismiss an employee for failing to comply with reporting obligations under the employer’s attendance policy where the employee’s absences were caused by a disability. While this decision largely affirms the existing state of the law, it also demonstrates the value of maintaining prudent policies and clarifies the circumstance in which employers can rely on the breach of such policies to dismiss employees without it being discriminatory. Read more

Staying on LTD after termination can be evidence of frustration

By Barry B. Fisher . In this case , Pollak J. had a situation where a 10-year employee went on STD and then LTD in 2012. In 2014, the insurer found that the employee was permanently disabled from performing both his own and any occupation. One year later, the employer reviewed the file and concluded that the contract had become frustrated, terminated him and paid him his ESA minimums. Read more

Court of Appeal upholds $200,000 damage award in sexual assault case

By Kathryn Marshall . In this case , the Court of Appeal upheld a damage award of $200,000 (generals $175,000 and punitive damages of $25,000). Read more