Employment & Labour

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

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

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

Why you need to periodically review your employment contract

By Doug MacLeod . A well-drafted employment contract is the best employment law investment an employer can make. It protects an employer from significant liability and will usually save thousands of dollars in termination costs. Read more

OCA to decide if hospital’s insurer must defend nurse’s alleged breach

How insurers cover health practitioners in actions involving privacy breaches hinges on an Ontario Court of Appeal (OCA) hearing slated for March, Toronto employment lawyer Stephen Moreau tells AdvocateDaily.com. Read more

Steep learning curve for employers following passage of Bill 148

Organizations face a “steep learning curve” to get up to speed on their obligations under Bill 148, the Fair Workplaces, Better Jobs Act, 2017 , Markham, Ont.-based employment lawyer Laura Williams tells The Lawyer's Daily . Read more

Political protests at work tricky terrain for employers

Employers must tread a fine line when disciplining an employee for political protests or expressions, Markham, Ont.-based employment lawyer Laura Williams writes in Canadian Employment Law Today . Read more

Koster to offer insights on workplace investigations

Toronto workplace violence and elder abuse specialist Denise Koster will review best practices for conducting thorough, unbiased and comprehensive workplace investigations in an upcoming webinar sponsored by Advantage Ontario. Read more

#MeToo movement can be quick to judgment

The #MeToo movement has been instrumental in bringing to light numerous instances of sexual abuse and harassment that might not otherwise have been reported, says Toronto employment lawyer Kevin Marshall. Read more

‘In accordance with ESA’ not good enough to oust reasonable notice

By Barry B. Fisher . In this case , the Court of Appeal of Alberta dealt with a clause that said that upon termination the employee would only receive the notice “in accordance with the provincial legislation for the province of employment.” It sets out in great detail that that is all the employee is entitled to. Read more