Employment & Labour

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

Dismissal for off-duty conduct

While what an employee does on their own time is their business, the law provides for discipline and dismissal as a result of off-duty conduct in limited circumstances, Toronto-area employment lawyer and mediator Stuart Rudner writes in The Lawyer’s Daily. Read more

Let’s talk: mental health issues at work

There are growing legal expectations for employers to be more proactive in accommodating employees who are dealing with mental health crises, says Toronto employment lawyer Doug MacLeod. Read more

Two-pronged test for lack of work issue in Canada Labour Code

By Barry B. Fisher . In this case , the adjudicator commented on the test to be used in determining whether an employer could rely on the “lack of work” or ”discontinuance of a function” exemption from the unjust dismissal section of the Canada Labour Code (s. 242 (3.1) (a)). I note that although the CanLII cite is 1987 the case was actually decided in 2017. Read more

How to comply with WorkSafeBC rules after 'reportable' incidents

Employers should be aware of their responsibilities under the law following a workplace injury, says Vancouver occupational health and safety lawyer Melanie D. Booth. Read more

Mediator offers tips for writing compelling briefs

Mediation briefs should be written for their intended audience, and that's the mediator, not the client or the opposing lawyer, says Toronto employment mediator and arbitrator Barry B. Fisher . Read more

Court ruling sends message to Transport Canada: Moreau

A recent Federal Court of Appeal decision should send a clear message to government to follow its own rules when trying to change airline passenger safety regulations, says Toronto employment lawyer Stephen Moreau. Read more

The impact of proposed changes to time off work

The Ontario government’s plan to improve workplace sick leave is good news for employees, allowing them to take time off work with less anxiety over repercussions, says Toronto employment lawyer Bram Lecker. Read more