Employment & Labour

Ryley educates employers on preventing sexual harassment

Sexual harassment in the workplace can have a devastating impact on an organization’s brand and corporate reputation — as is apparent from the lawsuits, scandals and #MeToo revelations that have cast a negative shadow on a number of industries, says Toronto human rights and employment lawyer Bay Ryley. 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

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