Employment & Labour

Payroll costs in Ontario are going up (again) on April 1

By Doug MacLeod . If you use a temporary help agency or hire casual or part-time employees then you should read this article. Because starting next month there is a change to the Employment Standards Act, 2000 (the ESA) that could increase your payroll costs. Read more

Mitigating risk: the importance of workplace threat assessments

Canadian companies need to do much more to protect their employees from violence in the workplace, including conducting proactive threat assessments, Toronto workplace violence consultant Denise Koster tells AdvocateDaily.com. Read more

Government introduces Bill 3, The Pay Transparency Act, 2018

By Laura Williams . On Mar. 20, 2018, the Ontario government introduced Bill 3, the Pay Transparency Act, 2018 , which establishes requirements relating to the disclosure of information about the compensation of employees and prospective employees. Bill 3 was previously introduced on Mar. 6, 2018, as Bill 203, but it was lost along with all other bills pending before the legislature when, on Mar. 15, 2018, the Lieutenant Governor of Ontario, on the Premier’s advice, prorogued the legislature. Bill 3 was then reintroduced when the legislative session resumed this week. Read more

Overturned release undermines settlements

Litigants should face a high bar to set aside releases after a judge allowed a woman to sue her old boss for sexual harassment despite a previous settlement with her former employer, Toronto employment mediator and arbitrator Barry B. Fisher tells AdvocateDaily.com. Read more

Ryley educates employers on preventing sexual harassment

Sexual harassment in the workplace can have a devastating impact on an organization’s brand and corporate reputation — as is apparent from the lawsuits, scandals and #MeToo revelations that have cast a negative shadow on a number of industries, says Toronto human rights and employment lawyer Bay Ryley . Read more

Fixed-fee legal services provide ‘peace of mind’ for clients

Clients can now pick and choose the labour and employment services they want in a new fixed-fee program offered by MacLeod Law Firm , Toronto employment lawyer Doug MacLeod tells AdvocateDaily.com. Read more

Preparation and mediation go hand in hand: Rudner

Preparing the parties for mediation — and letting them know the possible outcomes — is the responsibility of counsel, Toronto employment lawyer and mediator Stuart Rudner writes in The Lawyer’s Daily . Read more

Employment contracts: ready, aim, fire at will

By Bram Lecker . Employment contracts: does yours pass the Canadian “smell test”? Read more

Independent contractor assessments needed after Bill 148 changes

Businesses must reassess their relationships with independent contractors after recent changes to Ontario’s workplace laws, Toronto labour and employment lawyer John De Vellis tells AdvocateDaily.com. Read more

LSO's statement of principles more talk than action: Marshall

The Law Society of Ontario’s (LSO) controversial statement of principles (SOP) could prove counterproductive, despite the good intentions behind its passage, Toronto employment lawyer Kevin Marshall tells AdvocateDaily.com. Read more

Use caution when attempting to cut labour costs

Employers attempting to reduce labour costs must ensure they’re not violating an employment contract or they risk venturing into precarious legal territory, says Toronto employment lawyer and mediator Stuart Rudner. Read more

Supreme Court of Canada takes expansive approach to discrimination

By Laura Williams . The Ontario Human Rights Code protects people from discrimination in a variety of settings, including in employment. Under the Ontario Human Rights Code , every person has a right to “equal treatment with respect to employment” without discrimination or harassment because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status or disability. This covers every aspect of the employment relationship, including recruitment, training, transfers, promotions, dismissal, layoffs, pay, overtime, hours of work, holidays, benefits, shift work, discipline, and performance evaluations. Read more

Class action fails due to arbitration clause

By Barry B. Fisher . In this case , the judge was faced with a motion by the defendants to stay a class action seeking to declare drivers as employees for the purposes of the Ontario Employment Standards Act . He ruled that the arbitration clause, which required that all disputes arising from the agreement must be resolved through a mediation/arbitration procedure in Amsterdam, according to Dutch law in accordance with the ICC Arbitration rules, which require a minimum fee of approximately $7,500 to be paid by the driver, required a stay of the class action. Read more

Income from second job can be mitigation

By Stuart Rudner and Anique Dublin. It is trite to say that dismissed employees have a duty to mitigate their damages by seeking replacement employment. But what happens if they are successful? Does that mean that their entitlement to compensation for the dismissal is reduced? In most cases, the answer is yes. Read more

Taking sick leave

By Bram Lecker and Simon Pelsmakher. Most employees wear their attendance record like a badge of honour. It symbolizes their work ethic and loyalty to their employer. When ill, it is not uncommon to see many opt to come into the office. This, despite receiving government protected sick leave or employer-sponsored disability benefits. While many employees do this out of dedication, some in this predicament fear penalties or losing their job. Read more