Employment & Labour

21 years at Company A + 1.7 years at Company B = 10 months’ notice

By Barry B. Fisher . In this case , the Master in Chambers had a situation where an employee of 21 years was recruited by a headhunter to join the defendant. The job requirement was that the person have at least 10 years experience in the field. He was let go by the defendant after only 19 months due to an economic downturn. Read more

'Fixer' Peter Israel settles employment law cases

Despite coming relatively late to the game, Toronto employment mediator Peter Israel immediately took to his new field. Read more

Various legal options for employees facing harassment

Victims of workplace harassment should feel empowered to seek legal help, Toronto employment lawyer and mediator Stuart Rudner tells AdvocateDaily.com . Read more

Tim Hortons franchisees failed to stay ahead of Bill 148 changes

Some Ontario Tim Hortons franchisees can be held up as examples of what not to do when approaching Bill 148-related workplace changes, Toronto employment lawyer Miriam Anbar tells AdvocateDaily.com . Read more

OCA ruling on termination pay 'stark warning' to employers

A recent Court of Appeal ruling is a “stark warning” to employers to be vigilant when drafting employment agreements, Toronto civil litigator Bruce Baron tells AdvocateDaily.com . Read more

OCA upholds ESA related termination clause

By Barry B. Fisher . In this case , the court was faced with the following termination clause: Read more

‘Culture of acceptance’ key with mental health issues at work

Employers should create a culture of acceptance within the workplace that makes it easier for employees to disclose mental health and other concerns, Toronto employment lawyer Deborah Howden tells AdvocateDaily.com. Read more

Government trying to shift blame amid criticism of ESA changes: Marshall

A large increase in Ontario’s minimum wage on Jan. 1 and the hiring of more investigators by the government to ensure employers aren’t violating the law, are solely political moves designed to help the Liberals win this year’s provincial election, says Toronto employment lawyer Kevin Marshall. Read more

The duty to accommodate and frustration of an employment contract

By Laura Williams . Appropriately accommodating an employee’s disability is often a challenging task for employers. It is often difficult to determine at what point the accommodation obligation has ended because the employer has accommodated the employee’s disability-related limitations to the point of undue hardship. Read more

Employer’s duty to accommodate illness and disability

By Bram Lecker and Ian Hurley. An employer’s duty to accommodate Read more

Can employers claw back employee benefits?

For many Ontario employers, the recent changes to the Employment Standards Act will result in higher payroll costs, writes Toronto employment lawyer Doug MacLeod in The Lawyer’s Daily . Read more

Legal implications of workplace sexual harassment in Ontario

By Mitchell Rose . An alarming number of Canadian women in the workforce have faced sexual harassment in their careers. In a recent survey released by Insights West, more than half of Canadian women have experienced various acts of sexual harassment at work, including: “unwanted physical touching, catcalls, being referred to using derogatory or demeaning sexual terms and being pressured for dates.” Read more

Legal advice vital for employers when responding to wage hike: Rose

Businesses that responded to a recent increase in Ontario’s minimum wage by eliminating paid breaks and other employee benefits — often outlined in documents that workers were told to sign — likely didn’t seek legal advice first, Toronto employment lawyer and mediator Mitchell Rose tells AdvocateDaily.com . Read more

Bus driver fired after caught using cellphone while behind the wheel

By Stuart Rudner and Nadia Zaman. Just cause for dismissal? Read more

Div. Ct overturns claim, SC awards $250,000 for similar behaviour

By Barry B. Fisher . In this case , the Ontario Divisional Court overturned an award of $7,500 given to a 71-year-old security guard making $24,000/year. One of the reasons that the award was given initially by the trial judge was because the uncertain nature of the termination notice “left him hanging in the wind for some seven months before his abrupt termination.” The court did not think that warranted any damages for mental distress. Read more