Employment & Labour

Employment practices review critical to ensure Bill 148 compliance

The long debate over proposed changes to Ontario’s Employment Standards Act (ESA) ended in November when Bill 148 received royal assent, writes Toronto employment lawyer Doug MacLeod in The Lawyer’s Daily . Read more

Four new protected grounds proposed for Ontario’s Human Rights Code

By Laura Williams . On Oct. 4, 2017, Bill 164, The Human Rights Code Amendment Act , 2017 (Bill 164) was introduced in the Ontario legislature as a private member’s bill by Nathalie Des Rosiers, MPP (Ottawa—Vanier). Bill 164 proposes amending the Ontario Human Rights Code (the Code ) to include the following four new protected grounds of discrimination for individuals seeking employment, a place to live, or services: immigration status; genetic characteristics; police records; and social conditions. Read more

MacDonald's client awarded $1.6 M in case against retailer

A woman represented by Toronto employment lawyer Natalie MacDonald has won one of the largest punitive and moral damage awards in Canadian employment law against a retailer for conduct a judge called “callous, high-handed, insensitive and reprehensible.” See Toronto Sun Canadian Lawyer Read more

Labour changes will improve union organization: Zeilikman

Recent changes to Ontario’s labour laws will make it easier for unions to reach out to employees, Vaughan labour and employment lawyer Arthur Zeilikman tells The Lawyer’s Daily . Read more

PTSD bill a positive step: Achkar

A private member's bill that would establish a federal framework to address post-traumatic stress disorder (PTSD) is a positive step in recognizing mental health issues faced by first responders, Toronto employment and human rights lawyer Christopher Achkar tells The Lawyer's Daily . Read more

Employers: investigate harassment complaints before taking action

With the Harvey Weinstein scandal and the #metoo campaign impacting many workplaces, it’s important that organizations investigate before imposing discipline or dismissing an employee who is accused of sexual misconduct, Toronto employment lawyer and mediator Stuart Rudner and Nadia Zaman write in The Lawyer’s Daily . Read more

Amid sexual harassment suits, Soulpepper takes 'quick, decisive' action

TORONTO — The renowned co-founder of one of the country's leading theatre companies resigned Thursday, just days after four actresses alleged in lawsuits that he had sexually harassed them with impunity for years. Read more

Sham offers of reemployment after termination backfires big time

By Barry B. Fisher . In this case , the judge had a situation where a 63-year-old advisor with 12.5 years’ service making $30,000/year was terminated without cause. After paying only eight weeks termination pay and then receiving a demand letter from the plaintiff, the defendant made a series of three offers of inferior employment with various conditions attached, which the plaintiff rejected. The defendant then tried to use these rejections to support an argument that the plaintiff had failed to mitigate his damages. Read more

Addressing emotions key to successful employment mediations

All parties to an employment law mediation need to address the emotional nature of the dispute before they can hope to reach a settlement, Toronto mediator and settlement counsel Mitchell Rose tells AdvocateDaily.com. Read more

Commission sales agents – employee or contractor?

By Bram Lecker and Simon Pelsmakher. Commission sales agents Read more

‘Weinstein effect’ behind uptick in sexual misconduct complaints

When sexual abuse allegations directed at Hollywood movie producer Harvey Weinstein first came to light in October — leading to a tsunami of complaints against powerful men in film, the news media and politics — it created a “global shift” in workplaces of all kinds, says Toronto employment mediator and arbitrator Barry B. Fisher. Read more

Privilege in workplace investigations

By Laura Williams . Workplace investigations are key in many areas of human resources law. Employers may conduct a workplace investigation because they have a legal obligation to do so, because they have committed to do so in their own workplace policies, because conducting a workplace investigation may help mitigate risk, or for any combination of these reasons. The findings of a properly conducted investigation aid employers in determining how they should respond to employee misconduct, and other situations that may arise in the workplace. Read more

Due process sometimes lost in rush to address harassment

Employers must work hard to ensure due process is followed when allegations of sexual harassment come to light, Toronto employment lawyer Miriam Anbar tells AdvocateDaily.com . Read more

Doug’s year-end rant

By Doug MacLeod . Earlier this week I concluded that the rule of law no longer applies in many Ontario workplaces. The epiphany hit me when I was meeting with the managing director of a boutique law firm. Read more

Respond promptly to union proceedings and correspondence: Zeilikman

When it comes to certain communication with a union, the best practice for an employer is to answer correspondence promptly, says Vaughan labour and employment lawyer Arthur Zeilikman. Read more