Employment & Labour

Can employers claw back employee benefits?

For many Ontario employers, the recent changes to the Employment Standards Act will result in higher payroll costs, writes Toronto employment lawyer Doug MacLeod in The Lawyer’s Daily . Read more

Legal implications of workplace sexual harassment in Ontario

By Mitchell Rose . An alarming number of Canadian women in the workforce have faced sexual harassment in their careers. In a recent survey released by Insights West, more than half of Canadian women have experienced various acts of sexual harassment at work, including: “unwanted physical touching, catcalls, being referred to using derogatory or demeaning sexual terms and being pressured for dates.” Read more

Legal advice vital for employers when responding to wage hike: Rose

Businesses that responded to a recent increase in Ontario’s minimum wage by eliminating paid breaks and other employee benefits — often outlined in documents that workers were told to sign — likely didn’t seek legal advice first, Toronto employment lawyer and mediator Mitchell Rose tells AdvocateDaily.com . Read more

Bus driver fired after caught using cellphone while behind the wheel

By Stuart Rudner and Nadia Zaman. Just cause for dismissal? Read more

Div. Ct overturns claim, SC awards $250,000 for similar behaviour

By Barry B. Fisher . In this case , the Ontario Divisional Court overturned an award of $7,500 given to a 71-year-old security guard making $24,000/year. One of the reasons that the award was given initially by the trial judge was because the uncertain nature of the termination notice “left him hanging in the wind for some seven months before his abrupt termination.” The court did not think that warranted any damages for mental distress. Read more

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