Employment & Labour

Feds tout expanded parental leave, new caregiver benefit as questions remain

OTTAWA — New parents planning to begin parental leave on or after Dec. 3 will be able to spread their federal benefits over more months, but many will have to wait on provinces and their employers before they can actually get the extra time off. Read more

Longer period for parental leave benefits, but not everyone qualifies

OTTAWA — New parents planning to begin parental leave on or after Dec. 3 will be able to spread their federal benefits over more months, but many will have to wait on provinces and their employers before they can actually get the extra time off. Read more

Gen-Xers bearing the brunt of downsizing

Toronto civil litigator lawyer Kevin Fisher says he would like to see an age discrimination claim mounted by one of the growing band of successful employees fired without cause in their 40s and 50s. Read more

Social media rules for workplaces

By Bram Lecker . What are social media rules for workplaces? Read more

When does a compliment constitute sexual harassment?

By Doug MacLeod . Despite a number of legislative initiatives that are intended to reduce and ultimately eliminate sexual harassment in society, sexual harassment continues to be a problem in Ontario’s workplaces. Read more

Are employers responsible for harassment by employees, managers?

By Laura Williams . Over the last year, much attention has been paid to the September 2016 Bill 132 amendments to the Ontario Occupational Health and Safety Act (the OHSA ) and the obligations they place on employers with regards to workplace harassment. In a recent decision , an arbitrator ruled that the OHSA does not make employers accountable to compensate employees for workplace harassment perpetrated by managers or other employees. The arbitrator considered the OHSA ’s application because the OHSA is deemed to be incorporated by reference into every collective agreement in Ontario. Read more

Recent court decisions give employees more ammo

Two recent court decisions have given employees more tools to fight their employer when they have been denied a promised raise or promotion, says Toronto employment lawyer Bram Lecker. Read more

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