Employment & Labour

A workplace policy on employees reporting colleagues' impairment

Employers should consider a workplace policy calling for employees to report a co-worker's suspected impairment, even though there is no legislative requirement to do so, says Toronto employment lawyer and mediator Stuart Rudner. Read more

Can managers refuse overtime?

Refusing to work extra hours is risky business for managers, Toronto employment lawyer Bram Lecker tells AdvocateDaily.com . Read more

Court: employers not liable for defamation for true negative references

By Laura Williams . The Divisional Court recently affirmed a decision of the Ontario Superior Court that employers are not liable for defamation for a negative reference if the negative comments made about the employee are true. Read more

MacLeod to receive OBA's Randall Echlin mentorship award

Toronto employment lawyer Doug MacLeod will receive the Ontario Bar Association’s Randall Echlin mentorship award on May 29. Read more

Class actions for misclassification could clarify debate

A series of recently launched class-action lawsuits may help clarify the long-standing employee/contractor debate, Toronto employment lawyer Stephen Moreau tells the Law Times . Read more

Refusing to accept offer from purchaser not failure to mitigate

By Barry B. Fisher . In this case , two long-term plaintiffs were told that the employer was selling the division that they worked for to another company and that the other company would make them a comparable job offer. The plaintiffs rejected the other company’s offers. Read more

Employer liability for moral and punitive damages

By Laura Williams . Because of the special nature of an employment relationship, employers have an obligation to act in good faith and to deal fairly with their employees. If an employer fails to act in good faith, courts may award damages against them for this failure. If the employer’s behaviour is particularly egregious, further damages may be awarded to punish the employer. Read more

Medical marijuana and workplace intoxication

By Bram Lecker and Jordan Reiner. Marijuana is in the news almost daily with legislation underway to legalize it. Our Parliament is currently debating Bill C-45 (The Cannabis Act). Canadians fully expect the use and regulated sale of marijuana to come into force by the end of summer 2018. Read more

Recommendations for conducting unbiased workplace investigations

An organization that decides to conduct an internal investigation when a harassment complaint is lodged by an employee must ensure that it’s carried out by unbiased, trained personnel, says Toronto workplace violence consultant Denise Koster. Read more

Taking workplace sexual harassment complaints to HR

A company’s human resources (HR) department should ensure its “culture and climate” help would-be complainants feel comfortable coming forward with allegations of workplace sexual harassment, Markham, Ont.-based employment lawyer Laura Williams tells Chatelaine . Read more

Termination clause upheld by Ontario’s Court of Appeal in recent case

By Doug MacLeod . Recently, Ontario’s Court of Appeal concluded in this case that the following termination clause was legally enforceable and that the terminated employee who had been employed for 19 years was entitled to 19 weeks termination pay. Read more

How NOT to work with your employment lawyer

By Stuart Rudner and Nadia Zaman. Our goal is to provide our clients with sound advice and zealously advocate on their behalf. Presumably, that is why they retain us. Yet it is often frustrating to discover that our clients inadvertently undermine our ability to do so. In this blog post, we lay out some tips and tricks on how ( not ) to work with your employment lawyer. Read more

The termination clause: the most litigated aspect of a contract

When drafting employment contracts, it’s important that employers and their counsel pay special attention to termination clauses to avoid litigation after an employee is fired, says Toronto employment lawyer Anatoly Dvorkin. Read more

Don't forget to mitigate in employment claims

The duty to mitigate their losses often comes as a nasty surprise to plaintiffs with constructive and wrongful dismissal claims, Toronto employment and human rights lawyer Christopher Achkar tells AdvocateDaily.com. Read more

Pay transparency bill introduces conflict in provincial laws

Proposed legislation intended to bridge the pay gap for women could prove challenging for recruiters as well as employers, Toronto employment mediator and arbitrator Barry B. Fisher tells AdvocateDaily.com. Read more