Employment & Labour

Truth is key when providing employee reference: Zeilikman

Although a recent Ontario Superior Court ruling that upheld an employer’s ability to provide an honest reference for a former employee is only binding in this province, judges around the country will be able to use the decision as a persuasive “reference point,” Vaughan labour and employment lawyer Arthur Zeilikman tells Metro News . Read more

Women on corporate boards: a worthy mission

Acting as a director on her first corporate board has had a positive domino effect for Windsor employment and education lawyer Sheila MacKinnon. Read more

Proactive approach best with workplace mental health issues

Toronto employment lawyer Miriam Anbar tells AdvocateDaily.com the findings of a recent national study on mental health in the workplace are “disappointing,” particularly given that one in five Canadian workers is struggling with this issue. Read more

Higher settlement rates with evaluative mediation

Mandatory mediation has proven to be successful in the Ontario jurisdictions where it’s been implemented, and expanding the program across the province would go a long way toward making justice more affordable and accessible, says Toronto employment mediator and arbitrator Barry B. Fisher . Read more

Information on three important employment law developments

By Doug MacLeod . Every two weeks, I blog about a recent development in employment law or human rights law. Twenty-six blogs a year means there are a lot of new developments but I do not write about all of the changes in the employment law field each year. Read more

Lawsuits not always possible when injured in a collision in B.C.

If you’ve been injured in a motor vehicle collision in British Columbia, you may not be able to sue the party responsible, says B.C. workplace occupational health and safety, and employment lawyer Melanie D. Booth. Read more

Stuart Rudner launches new employment law firm

Toronto-area employment lawyer and mediator Read more

Recent decision provides guidance on independent medical exams

A recent Divisional Court decision outlines the circumstances under which an employer can ask an employee to submit to an independent medical examination (IME), says Vaughan labour and employment lawyer Arthur Zeilikman. Read more

Emergency leave proposal problematic for some employers

The Ontario government’s plan to require that personal emergency leaves be made available to all employees will be difficult for employers to absorb amid a series of other costly proposals, Toronto condominium and employment lawyer Deborah Howden tells AdvocateDaily.com. Read more

Severance offers not accepted cannot be plead

By Barry B. Fisher . In this case , the judge found that it was inappropriate for the defendant to plead in their defence that they had “offered the plaintiff a reasonable settlement package.” Read more

Lawsuit tackles denial of WSIB benefits for chronic mental stress

By Laura Williams . A new lawsuit could bring Workplace Safety and Insurance Board (WSIB) benefits to hundreds of Ontario workers suffering from chronic work-related mental stress. The claim, which was made by an Ottawa area woman, seeks to secure benefits for workers who suffer from mental stress which has developed over time as a result of workplace conditions. These benefits are already available to workers who develop mental stress as a result of an acute or sudden incident at work, such as by witnessing a traumatic injury. Read more

When a resignation is actually a termination

By Miriam Anbar and Sam Spodek, summer student . Consider you have a disgruntled employee working for you and you suspect he wants to quit. However, you are also prepared to terminate him. Read more

Labour Day time to reflect on changing workplace: Rudner

Toronto employment lawyer and mediator Stuart Rudner says that in his view, many people in Canada have forgotten the meaning behind Labour Day. Read more

Employee or contractor?

By Christopher Achkar . Your employment has recently been terminated, and you are unsure what to do. Can you sue for wrongful dismissal? Are you entitled to reasonable notice? Are you eligible for Employment Insurance? The bottom line is, your status as an “employee”, “dependent contractor”, or “independent contractor” affects your legal entitlements while you are employed and when your employment ends. Although your employment agreement might state your worker status, this written status is not determinative. Read more

The case for national short-term disability insurance

By Bram Lecker . Most working people wear their attendance record on their sleeves like a badge of honour. Unless they are suffering from a severe illness or injury, most Canadians bite their lip, take a pill and push on with their day. Read more