Employment & Labour

$75,000 human rights damages award should have been higher

The owner of a tattoo parlour is lucky he didn’t have to pay more than the $75,000 ordered by the Human Rights Tribunal of Ontario (HRTO), says Toronto employment and human rights lawyer Sean O’Donnell. Read more

Province's holiday pay reversal good news for employers

Toronto employment lawyer Deborah Howden says her clients are pleasantly surprised by the provincial government’s reversal on the calculation of public holiday pay. Read more

Court sets out four elements to set aside a release

By Barry B. Fisher . In this matter , the judge had a case where a manager sought to set aside a release that she had signed upon being terminated with allegations of just cause. Had cause not existed, 18 months would have been proper notice. The settlement was for four months. Read more

Bill 3, the Pay Transparency Act, 2018 passes into law

By Laura Williams . Bill 3, the Pay Transparency Act, 2018 (the Act), has completed the Ontario legislative process and will receive Royal Assent and become law imminently. The Act establishes requirements relating to the disclosure of information about the compensation of employees and prospective employees, many of which requirements will come into effect Jan. 1, 2019. The Act underwent only minor amendments during the legislative process to the version that was initially tabled, which we wrote about in detail in our blog earlier this year. Read more

Looking to revoke an employee’s work from home agreement?

By Stuart Rudner . As technology advances, many companies are open to giving their employees the flexibility to work from home. Read more

Successor employers: your company has changed hands

By Bram Lecker and Simon Pelsmakher. What happens to your employment after your company changes ownership? The new owners are called successor employers and this is a time when employees are quite vulnerable. Whether companies have merged or sold assets outright to a third party, employees get caught in the middle. Unfortunately, the legal ambiguity shrouding transfers of business does little to take away this uncertainty. Read more

The latest on the legality of random drug and alcohol testing

By Doug MacLeod . In 2013, the issue of whether an employer can unilaterally implement random drug testing was addressed by the Supreme Court of Canada . Bottom line: there are very few instances when random drug testing will be permitted. Read more

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