Employment & Labour

Filing a claim with the labour board

By Bram Lecker and Kimberley Sebag . In Ontario, the Employment Standards Act, 2000 (ESA) governs the rules organizations must follow when they engage employees and service providers. The ESA also stipulates clear minimum standards for employee terminations. If your employer ended your employment and you believe your termination package is inadequate, you have two avenues to seek resolution. One of them involves filing a claim with the Ministry of Labour , commonly referred to as the Labour Board. And the other process requires the services of an employment lawyer. You can file a Labour Board claim online and the process is free. However, before proceeding down this route, you must clearly understand the limitations associated with this choice. Read more

Temporary layoff update: can an employee refuse a recall?

By Doug MacLeod . Contrary to popular belief, a temporary layoff usually constitutes a wrongful dismissal which requires an employer to pay the laid-off employee termination pay. Read more

'Not business as usual' when workplace investigation ends: Williams

What follows after a workplace investigation is just as important as the inquiry itself, Markham-based employment lawyer Laura Williams tells AdvocateDaily.com. Read more

Termination clauses: Achkar

By Christopher Achkar . In Ontario, the enforceability of a contract vis-à-vis a termination clause can be a great benefit or an unfortunate detriment for either employers or employees. Read more

$300,000 awarded for aggravated and punitive damages

By Barry B. Fisher . In this case , the judge awarded a chief building official (CBO) $200K in punitive damages and $100K for aggravated damages. Read more

Understanding the importance of workplace harassment policies

Employers need well-defined policies that are readily accessible to staff to prevent workplace harassment, Toronto employment lawyer Bram Lecker tells AdvocateDaily.com . Read more

Data security and privacy too low on priority lists: Rudner

Advances in technology can be a double-edged sword for companies and their employees, Toronto employment lawyer and mediator Stuart Rudner tells AdvocateDaily.com . Read more

Legislative changes heighten occupational health and safety issues

Health and safety are becoming more prominent concerns for employers, regardless of the types of workplaces they operate, Toronto employment lawyer Doug MacLeod tells AdvocateDaily.com . Read more

Clients grateful for tough-talking Ray-Ellis

Clients should expect a reality check and not the usual niceties when they hire Toronto employment lawyer Soma Ray-Ellis . Read more

Different challenges arise for those fired in union, non-union workplaces

Defending a terminated employee comes with different challenges when dealing with union and non-union workplaces, Vaughan labour and employment lawyer Arthur Zeilikman tells AdvocateDaily.com . Read more

Circumstances of hiring can lead to long reasonable notice periods

By Laura Williams . Employment relationships, like most relationships, typically start off with the best of intentions in both parties’ minds. Unfortunately, the expectations of one or both parties are not always met and on occasion, the employment relationship must be cut short earlier than both parties intended. Usually, this will not result in major costs for an employer but a recent case from British Columbia highlights how short-lived employment relationships can sometimes result in major awards for dismissed employees. Read more

Provinces failing to recognize dependent contractors: MacDonald

The challenge of how to define employees and independent contractors is a significant public and national issue that requires resolution, Toronto employment lawyer Natalie MacDonald tells Law Times . Read more

Employers could face punitive damages for ‘egregious’ behaviour

Companies that dismiss employees by claiming they were guilty of a serious crime such as fraud better have the evidence to support that assertion, or they may face significant punitive damages, Toronto employment lawyer Kathryn Marshall tells AdvocateDaily.com . Read more

Social media do’s and don’ts for job hunters

Most working Canadians are active on social media, but they may be unaware that prospective employers could be viewing their online activity, Toronto employment lawyer Amelia Phillips tells AdvocateDaily.com . Read more

Refusal to accept recall after illegal layoff failure to mitigate

By Barry B. Fisher . In this case , the judge assessed the notice period for a 50-year-old health and training specialist with 23.5 years service at 18 months. Read more