Employment & Labour

Decisions on termination clauses inconsistent: MacLeod

Ontario courts need to provide more clarity when examining the language in termination clauses so employees and employers can get a better idea of what will be enforced and what won’t, Toronto employment lawyer Doug MacLeod tells AdvocateDaily.com. Read more

Decision wrongly links punitive and moral damages to income

A record award in favour of a fired executive sends the wrong message about punitive and moral damages, Toronto employment mediator and arbitrator Barry B. Fisher tells AdvocateDaily.com. Read more

Budding office romances can create thorny issues for employers

Office romances may be more common and less taboo than in the past, but they pose multiple risks and the lines between personal and professional interaction need to be clear, Toronto employment lawyer Miriam Anbar tells AdvocateDaily.com . Read more

No bans necessary on office romances

Even in the #MeToo era, employers should steer clear of bans on office romance, Toronto employment lawyer a... Read more

To settle or not to settle: that is the question

Deciding when to settle and when to litigate hinges on a client's unique circumstances, says Toronto employment and human rights lawyer Christopher Achkar. Read more

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