Employment & Labour

Severance pay calculation under ESA based on Ontario payroll: OLRB

By Doug MacLeod . Under s. 64 of the Employment Standards Act (ESA), an employee with five years’ service is entitled to one week severance pay for each year of service (to a maximum of 26 weeks) in addition to notice of termination if “the employer has a payroll of $2.5 million or more.” Read more

Corrente to speak at forum on campus sexual violence

Toronto employment and health lawyer Lisa Corrente will share her insights on investigating complaints of sexual violence at an upcoming Osgoode Professional Development forum. Read more

HRTO: no authority to award costs to a successful party

By Stuart Rudner . What if someone files an entirely frivolous lawsuit against you, refuses to settle, and forces you to go all the way to trial, where you successfully defend the action? One would hope that you would be reimbursed for some of your legal costs. And in our civil court system, you would be. Read more

Class action spotlights unreasonable clauses in employment contracts

In rejecting a ride-sharing company’s demand that a case against it be heard in the Netherlands at the expense of the plaintiffs, the Ontario Court of Appeal (OCA) has drawn a line on an “outrageous” clause in the company's contract with drivers, says Toronto labour and employment lawyer John De Vellis. Read more

No ‘tort of harassment’ in Ontario

By Laura Williams . The Ontario Court of Appeal has found in this case that there is no “tort of harassment” in Ontario. The Court of Appeal reversed the 2017 Ontario Superior Court of Justice decision that recognized a free-standing tort of harassment, which we wrote about here . Recognizing a free-standing tort of harassment meant that a civil claim in Ontario could be based on the mere fact that a plaintiff experienced harassment. Read more

Navigating disciplinary proceedings in cases of termination

When a termination leads to a complaint with the employee’s professional body, the loss of a job can be overshadowed by the potential threat to their career, Vaughan labour and employment lawyer Arthur Zeilikman tells AdvocateDaily.com . Read more

Ban NDAs in workplace discrimination, harassment claims: MacDonald

Non-disclosure agreements (NDAs) that are used to cover up discrimination, retaliation or harassment should be banned, Toronto employment lawyer Natalie MacDonald tells Global News. Read more

Family status discrimination case law in flux: Howden

Family status discrimination claims could be on the rise, Toronto employment lawyer Deborah Howden tells AdvocateDaily.com. Read more

Frustration of employment contract can be plead by employee, employer

By Barry B. Fisher . In this case , the judge had a case where the plaintiff had been off on disability for eight years and had no hope of returning to work. This judgment confirmed that the doctrine of frustration is a matter of law, thus either party can claim that the employment contract has been frustrated. Read more

Employers faced with ever-changing labour laws: MacLeod

Businesses need to check their employment contracts and employee handbooks to keep up with ever-changing rules around paid and unpaid leaves, Toronto employment lawyer Doug MacLeod tells AdvocateDaily.com. Read more

Employers’ top three misconceptions about legal services

Employers who take legal shortcuts could end up paying more to fix the situation than they initially saved, Toronto employment lawyer Christopher Achkar tells AdvocateDaily.com. Read more

Stop the clock: mediation and limitation periods

By Stuart Rudner . This case is another reminder of the many benefits of mediation . As I have written in the past (see this post, among others,) mediation can save both parties time, money, and stress; but there is one bonus of mediation that may not be top of mind. Read more

Straightforward Donkor delivers for employers, employees

Clients who want to get straight to business go to Toronto employment lawyer John Donkor. Read more

Just cause is a high threshold: Williams

By Laura Williams . A recent decision of the Ontario Court of Appeal provides an example of the level of employee misconduct that warrants an employer dismissing an employee for just cause, without notice or pay in lieu. Read more

Employment contracts: they should keep giving and giving

By Doug MacLeod . I trumpet the benefits of employment contracts every chance I get. I often write and speak about these benefits. In the last two weeks, I received calls from two clients who benefitted from an employment contract that I wrote several years ago. Read more