Employment & Labour

Working efficiently with your lawyer

By Stuart Rudner . Our lawyers are here to help you. We want to do so efficiently and cost-effectively. However, we have seen some clients unwittingly hamper their own case or add to their legal costs unnecessarily, despite the fact that they may have the best of intentions. From what we have seen, we can offer the following suggestions. Read more

The devil is in the details of employment contracts

Employers must ensure their contracts are clear and in compliance with the Employment Standards Act (ESA) or risk the courts coming down on the side of employees when there is a dispute, says Toronto employment lawyer Deborah Howden. Read more

WSIB finalizes operational policy on chronic mental stress

By Laura Williams . When the Ontario government passed Bill 127, the Stronger, Healthier Ontario Act (Budget Measures), 2017 (Bill 127) in May 2017, it introduced significant amendments to the Workplace Safety and Insurance Act (the WSIA), which we initially wrote about in an earlier blog post . The most significant of these changes for many employers was the extension of Workplace Safety Insurance Board (WSIB) benefit coverage to employees who suffer from chronic, work-related mental stress. This is a substantial change to the current landscape, whereby WSIB benefits have only been available for mental stress where the stress is traumatic in that it results from an acute reaction to a single sudden and unexpected event. After previously issuing a draft policy related to these WSIA amendments and considering stakeholder feedback, the WSIB has now finalized and approved a new policy, entitled “ Chronic Mental Stress (Accidents on or After January 1, 2018) ” (the CMS Policy). The WSIB has also now amended its existing Traumatic Mental Stress policy to help distinguish between traumatic and chronic mental stress. The policy changes will come into effect on Jan. 1, 2018. Read more

Is your organization compliant with AODA? It should be — here’s why

By Doug MacLeod . Did you know that employers with 20 or more employees are required to file a report with the Ontario government confirming they have complied with their obligations under the Accessibility for Ontarians with Disabilities Act (AODA) by Dec. 31, 2017? Read more

Employers need to understand new obligations under Bill 148

Employers will have to update their employment contracts to keep pace with the changes that accompany the Fair Workplaces, Better Jobs Act , Toronto labour and employment lawyer Christopher Achkar tells The Lawyer’s Daily . Read more

Making electronic discovery work: Rudner

When it comes to making electronic discovery work in litigation, it’s important for both sides to consult with one another early on in the process, Toronto-area employment lawyer and mediator Stuart Rudner tells Law Times . Read more

Top 10 employment law developments in 2017

By Doug MacLeod . In 2017, the provincial legislature and Ontario judges continued to change Ontario’s employment laws. These changes resulted in higher payroll costs and a more regulated workplace. This blog briefly identifies 10 employment law developments from the past year. Read more

‘Tis the season to be fired

By Bram Lecker . Everyone is imbued with the holiday spirit this time of year. Everyone it seems, except large corporate employers. In our experience during the festive season, precisely six weeks before the end of the year, more pink slips are handed out than any other period in the calendar year. They fly out like confetti at a Santa Clause parade. So once again we note, ' tis the season to be fired . Read more

Hehr apologizes, pledges to do better after new complaint from Calgary mom

OTTAWA — Disabilities Minister Kent Hehr admitted to sometimes being "brash'' and "inappropriate'' after a fresh complaint of disrespect surfaced — this one from a Calgary woman engaged in a class-action lawsuit against the federal government. Read more

Bill 148: new changes to workplace legislation

By Christopher Achkar . Employment and labour law change dynamically through case law and legislation, and recent reforms within Ontario have taken employers by storm. These changes entitle employees to higher levels of benefits than previously known. Read more

Nuanced right to refuse for provincially regulated workers

Provincial law takes a more nuanced approach than its federal counterpart when it comes to unsafe work conditions, Toronto employment lawyer Bram Lecker tells AdvocateDaily.com. Read more

ESA changes will mean higher costs for condo corporations

Condominium corporations should start factoring increased labour costs into their budgets as amendments to Ontario's Employment Standards Act come into effect in the new year, says Toronto labour and employment lawyer John De Vellis. Read more

New year, new AODA rules — is your business accessible?

By Mitchell Rose . January 1 , 2018 brings a brand new set of requirements for the Accessibility for Ontarians with Disabilities Act, 2005 (AODA). Read more

Smartphones in the workplace: right to disconnect

A French-style “right to disconnect” for workers is unlikely to make it onto Canadian statute books in the near future, says Toronto employment lawyer Kumail Karimjee. Read more

Faulty termination clause proves costly for employer

A recent appeal court decision shows how careful employers must be if they want their termination cases to be upheld by courts, Toronto employment lawyer Kevin Marshall tells AdvocateDaily.com. Read more