Employment & Labour

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

Employers will need counsel on sweeping changes to law

Toronto personal injury and employment lawyer Kevin Marshall tells AdvocateDaily.com that both employers and employees should brush up on changes coming in January 2018 under the Fair Workplaces, Better Jobs Act. Read more

SCC decision asserts two key labour law truths

A recent Supreme Court of Canada (SCC) decision reaffirms two important realities of labour law, Toronto employment lawyer Anatoly Dvorkin writes in The Lawyer’s Daily . Read more

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