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
Employee vs. contractor at heart of proposed class action
A proposed class-action lawsuit against a Toronto-based private high school could help clarify the employee/contractor debate, Toronto employment lawyer Stephen Moreau tells the Toronto Star . Read more.jpg)
Companies must focus on eliminating all workplace abuse: Howden
People have an infinite capacity for ruining their own careers, and sometimes do so by inappropriate sexting — sending sexual messages, photos or videos via their digital devices, Toronto employment lawyer Deborah Howden writes in The Lawyer’s Daily . Read more
Making the most of your first meeting with a lawyer
When clients contact a lawyer for legal advice after they've lost their job, it's important to have certain documents and communications in order, says Vancouver employment lawyer Melanie Booth. Read more
Employers fail to investigate at their own peril
By Stuart Rudner . The #metoo movement should not change employers’ response to allegations of harassment: investigate before penalizing Read more.jpg)
Independent contractor misclassification can prove costly
A $20-million proposed class action brought against a private school by a number of its former sessional teachers highlights the importance of consulting an employment lawyer before classifying individuals as 'independent contractors,' Toronto employment lawyer Miriam Anbar tells AdvocateDaily.com . Read more
WSIB changes slipping under employers' radar
Many employers are unaware of recent changes to Ontario’s workplace compensation laws pertaining to work-related mental health challenges, Markham, Ont.-based employment lawyer Laura Williams tells AdvocateDaily.com. Read more
