Employment & Labour

OCA solidifies the high threshold for the tort of IIMS

By Mackenzie Irwin . As my colleague reported earlier last week, the Ontario Court of Appeal (OCA) recently shut down the tort of harassment in this case . The Ontario Court of Appeal based their decision to eliminate the tort of harassment largely on the availability of other remedies to address the alleged harassing conduct. Read more

Bad faith in the course of dismissal

By Stuart Rudner and Anique Dublin . Generally speaking, an employee whose employment has been terminated is not entitled to additional damages for disappointment, embarrassment, or other psychological effects flowing from the loss of employment. Read more

Phillips to present webinar on constructive dismissal

Toronto employment lawyer Amelia Phillips will host a webinar for employers and employees on constructive dismissal. Read more

Employees have a duty to mitigate in constructive dismissals

People collecting a severance after being let go from a company have to be sure they are fulfilling their duty to mitigate damages, even if they believe their job loss was a constructive dismissal, Toronto employment lawyer Jordan Rodney tells AdvocateDaily.com . Read more

The art of the deal – inside the mediator’s mind

A successful mediator needs to have both legal knowledge and empathy, Toronto mediator and employment lawyer Peter Israel tells AdvocateDaily.com . Read more

Ontario court weighs in on termination clauses again

By Laura Williams . Since 2017, Ontario courts, including the Court of Appeal, have had a great deal to say about the enforceability of termination clauses in employment agreements. However, the majority of these cases have focused on what constitutes a valid “without cause” termination clause and have not considered what makes a “for cause” termination clause enforceable. Read more

Just-cause terminations can backfire without proper evidence

Firms that terminate someone for “just cause” must be able to support that action with solid evidence, or else the court may award the ex-employee substantial punitive damages, Vaughan employment lawyer Dennis Ovsyannikov tells AdvocateDaily.com . Read more

Are managers entitled to overtime pay?

By Doug MacLeod . Many employees and employers believe that overtime pay is included in a person’s salary. This is incorrect for the vast majority of salaried employees. If you are paid a salary and sometimes work over 44 hours in a week, then you may be entitled to overtime for all hours worked over 44 in those weeks at time and a half for each additional hour worked. Read more

Tough to lock-down policies on medical marijuana at work: Irwin

Companies should have policies in place that clearly spell out the expectations and limitations when it comes to an employee's use of medicinal marijuana in the workplace, Toronto employment lawyer Mackenzie Irwin tells AdvocateDaily.com . Read more

New harassment damages — be mindful of potential liability

By Laura Williams . Recently, Ontario courts have been faced with an increase of claims for harassment damages by employees claiming they have been mistreated by their employers. Previously, the courts had not definitively recognized harassment as a standalone tort, or wrongful act giving rise to liability. Instead, employees would receive damages related to workplace harassment only indirectly, such as by claiming punitive or aggravated damages. Read more

MacLeod Law redesigns website to better serve clients

MacLeod Law Firm has redesigned its website to better reflect its open and responsive approach to employees and employers, says its principal, Doug MacLeod . Read more

Seek legal advice before finalizing severance packages

Employees and employers should obtain legal advice before finalizing a severance package, Toronto employment lawyer Kevin Marshall tells AdvocateDaily.com . Read more

Seek advice before signing employment agreements

Employees who seek legal advice before signing a contract may be able to enhance their entitlements on termination, says Barrie employment lawyer Scott Hawryliw , who frequently advises clients on employment contracts. Read more

Mediation often best route for resolving workplace disputes

Proactive conflict management is an efficient and effective method for resolving disputes within the workplace, says Toronto arbitrator and mediator Victoria Romero . Read more

Mediation in employment matters gives parties agency

Mediation is one of the more effective tools in a modern-day litigator’s arsenal, Toronto employment lawyer Ellen Low tells AdvocateDaily.com . Read more