Employment & Labour

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

LSO mandates training on workplace sexual harassment

As the Law Society of Ontario (LSO) highlights the importance of equality, diversity and inclusion (EDI) — and there's a growing awareness of the need to tackle sexual harassment in the workplace — training for lawyers and paralegals is more essential than ever before, says Toronto human rights and employment lawyer Bay Ryley. Read more

Proactive approach needed as pay parity law takes effect

Employers should take a proactive approach to legislative changes that mandate equal pay for equal work, Toronto employment lawyer Miriam Anbar tells AdvocateDaily.com . Read more

Mediators craft more than simple monetary solutions

Employment law disputes often require a mediator who can broaden the range of available tools in order to move towards a resolution, Toronto employment lawyer and mediator Kumail Karimjee tells AdvocateDaily.com. Read more

Summer jobs attestation violates Charter: Marshall

A requirement that organizations seeking funding from the Canada Summer Jobs program sign off on an attestation that says they support Charter and other rights, including reproductive and LGBTQ rights, actually violates the Charter, says Toronto employment lawyer Kevin Marshall. Read more

Many exemptions for Bill 148's equal pay provisions

A new provision in Ontario’s labour laws that requires part-time, casual and temporary workers to receive the same rate of pay as full-time employees doing substantially the same job won’t have as great an impact as the recent hike in the minimum wage, says Toronto employment lawyer Doug MacLeod. Read more

Frustration of contract claim best left for lawyers: Zeilikman

A person should always consult with counsel if their job is terminated because the employer claims their contract has been “frustrated,” says Vaughan labour and employment lawyer Arthur Zeilikman. Read more

Duty to accommodate – even when not requested

An employer’s duty to accommodate can even apply when an employee hasn’t asked for it, says Vancouver workplace occupational health and safety, and employment lawyer Melanie D. Booth. Read more

Insurer must defend nurse in "groundbreaking" privacy breach case

A "groundbreaking" appeal court decision confirming that an insurance company has a duty to defend a nurse facing a privacy breach lawsuit could have a major impact on a fast-developing area of litigation, Toronto employment lawyer Stephen Moreau tells AdvocateDaily.com. Read more