Employment & Labour

Understanding the rights of probationary employees

Toronto labour and employment lawyer Christopher Achkar says employees should carefully examine the probationary clause in their employment contract before accepting a position. Read more

A ‘toxic environment’ in Tinseltown

By Miriam Anbar . In the wake of a string of accusations ranging from assault and sexual harassment to rape, The Weinstein Company recently announced that it has fired its co-founder, Hollywood movie mogul Harvey Weinstein. Read more

Hospital’s insurer must defend claim that nurse breached privacy

A recent Ontario Superior Court decision that ruled an insurance company must defend an action against a nurse over an alleged breach of privacy is significant for a couple of reasons, says Toronto employment lawyer Stephen Moreau. Read more

Anbar to speak on workplace investigation best practice

Toronto employment lawyer Miriam Anbar will share her insights on workplace investigations at an upcoming program, presented by the Chartered Professional Accountants of Ontario. Read more

The confusing and unsettled law relating to employee medical notes

By Doug MacLeod . A proposed change to Ontario’s Employment Standards Act (the Act) contained in Bill 148 states that an employer shall not require an employee to provide a medical note from a qualified health practitioner (as defined in the Act) as evidence of a sickness if the employee claims a paid sick day under the Act. However, an employer may require an employee who takes a paid sick leave under the Act to provide evidence, that is reasonable in the circumstances, that the employee is entitled to the leave. Read more

Investigate before firing for off-duty conduct

Employers should investigate thoroughly before terminating employees for off-duty behaviour, Toronto employment lawyer Miriam Anbar tells AdvocateDaily.com . Read more

Part-time workers afforded same rights as full-time counterparts

There is no legal requirement to hire a person full time — but if an employer has placed someone on a part-time schedule as an ‘independent contractor’ but treats them as an employee, the worker may be missing out on significant entitlements, Toronto employment lawyer Natalie MacDonald tells The Globe and Mail . Read more

Reforms will cost employers, bring positive change for workers

The Ontario government’s workplace reforms will improve the lives of many employees but will sharply increase business costs, says Toronto employment lawyer Anatoly Dvorkin . Read more

Sexual harassment brought to forefront again with Weinstein scandal

While society is seeing more harassers such as Harvey Weinstein exposed and penalized than ever before, there’s still “a long way to go,” Toronto-area employment lawyer and mediator Stuart Rudner writes in The Lawyer’s Daily. Read more

Dishonesty you can’t come back from

By Laura Williams . Employees have an implied duty of faithfulness and honesty to their employers. However, as disconcerting as it is for many employers to learn, dishonesty by an employee is not automatic grounds to terminate one’s employment on a for cause basis. Rather, the dishonest act has to be analyzed in all of the circumstances before determining that dishonesty warrants dismissal. Generally, a single act of dishonesty by an employee will not amount to just cause for dismissal. However, where the single act of dishonesty is particularly severe and goes to the heart of the employment relationship, it could be grounds for just cause. Read more

New rules seek to improve workplace complaints process

Toronto civil litigator Stephany Mandin hopes Ontario’s new rules governing workplace sexual violence and harassment will give employees the courage to report such incidents. Read more

Natalie MacDonald launches new employment law firm

Toronto employment lawyer Natalie MacDonald has launched another new boutique employment law firm but this time, all on her own. Read more

Did the employee quit? When a resignation is actually a termination

By Miriam Anbar . Consider you have a disgruntled employee working for you and you suspect he wants to quit. However, you are also prepared to terminate him. One day, the employee verbally mentions to you that they might just get up and leave, so you tell them to go ahead. Read more

Employee mental health

By Bram Lecker and Ian Hurley. An employee of a live chat provider made the news recently. She needed a couple of mental health days off and wrote an email to her coworkers explaining this. Her CEO replied to her, thanking her for her openness about this taboo subject. The employee posted this exchange on Twitter and what resulted next was a media storm. This story about employee mental health went viral. Read more

Reversal of controversial tax policy a good thing: Achkar

OTTAWA — The federal government appears to be doing away with a controversial tax policy interpretation that would have seen employees taxed for discounts they get at work. Read more