Employment & Labour

The pros and cons of mediation joint sessions

By Stuart Rudner “Will I have to sit in the same room as that so and so?” That’s often the question I am asked when I discuss mediation with clients, or with parties when I am acting as mediator. And the answer to that question has changed significantly over the years. Read more

When does the clock start to run in a wrongful termination case?

By Amelia Phillips On June 28, 2019, the Divisional Court denied leave to appeal this decision. The case was a rule 21 motion to dismiss, inter alia, the plaintiff’s claim as against three of his former co-workers. Read more

Duty of good faith: MacLeod

By Doug MacLeod The employee, a 55-year-old engineer with 22 years’ service with the company, was thinking about either retiring or taking a leave of absence. He decided to request a six-month leave of absence. Read more

Failure to take harassment complaints seriously can be costly

By Laura Williams Employers who fail to take allegations of harassment and violence seriously and fail to deal with employee complaints in good faith can face major cost consequences if the matter is brought before a court in Ontario. Read more

Unenforceable termination clause costs employer over $400,000

By Doug MacLeod By Doug MacLeod . A recent case underscores the importance of including a properly drafted termination clause in your organization’s employment contract. Read more

Accommodation and the Human Rights Code

By Christopher Achkar By Christopher Achkar . Under the Human Rights Code, employers in Ontario are expected to accommodate their workers to the point of “undue hardship.” This is commonly known as the “duty to accommodate.” Read more

Witness interviews crucial to workplace investigation

Interviewing witnesses is one of the most important aspects of any workplace investigation — a step that’s as critical as it is challenging, says Toronto employment lawyer and mediator Stuart Rudner. Read more

How to effectively prepare for an employment mediation

Parties can lay the groundwork for successful mediation by communicating rationally and reasonably from the outset, according to Toronto employment law mediators Barry B. Fisher and Peter Israel. Read more

Employees have options when harassed at work: Mandin

Victims of harassment should not be afraid to seek legal advice, says Toronto civil litigator Stephany Mandin. Read more

Be tough but polite when building referral networks: Achkar

When it comes to building network alliances, the personal approach trumps the transactional every time, says Toronto employment and human rights lawyer Christopher Achkar. Read more

A thorough workplace investigation is vital: Hawryliw

Failing to address a workplace harassment complaint in a timely fashion can end up being more costly than an investigation, says Barrie employment lawyer Scott Hawryliw. Read more

Options remain after OCA rejects harassment tort

Harassment victims still have legal recourse despite the Ontario Court of Appeal’s (OCA) rejection of it as a freestanding civil tort, says Vaughan labour and employment lawyer Arthur Zeilikman. Read more

Language to limit incentive compensation on termination

By Laura Williams Without an enforceable employment agreement, upon a without-cause dismissal, an employee is entitled to be provided with pay in lieu of reasonable notice including his or her full compensation package during the (often lengthy) common law reasonable notice period, including base salary, benefits, bonuses, stock options and more. Read more

Harassed employee awarded $200,000 from former employer

A $200,000 damage award in favour of a fired employee should serve as a warning to all employers to take the problem of harassment seriously, says Toronto employment lawyer Bram Lecker. Read more

Restrictive covenants in employment contracts must be reasonable

Companies that want employees to sign non-competition or non-solicitation agreements have to ensure these documents are appropriately structured or else they will not be enforceable, says Toronto employment lawyer Ellen Low . Read more