Employment & Labour

OCA says shares held by employee valued at date of termination

By Barry B. Fisher . In this case , the court had a situation where the plaintiff held private shares in the defendant which, pursuant to a shareholders agreement, were deemed to be sold back to the defendant upon termination of employment. From time to time the defendant would issue bonuses to shareholders, which I assume were like dividends. The trial judge awarded the plaintiff the bonuses that would have been paid to her had she been employed during the 11 month notice period that was awarded. Read more

Will changed workplace laws increase competitiveness?

By Doug MacLeod . “We’ve heard loud and clear from businesses across Ontario that job growth starts with cutting the burdensome, job-killing red tape that is driving jobs and investment out of our province … We are making Ontario open for business.” — Premier Ford in his closing speech this October at the annual Ontario Economic Summit. Read more

Ride-sharing firm's employment contract illegal, unconscionable: OCA

By Amelia Phillips . In this case , the Ontario Court of Appeal found that the arbitration clause in a ride-sharing company’s driver services agreement and food delivery services agreement (the arbitration clause) amounted to both an illegal contracting out of a statutory employment standard; and an unconscionable imposition at common law. Read more

Irwin embraces complexity in employment law practice

Toronto employment lawyer Mackenzie Irwin isn’t afraid of a challenge. Read more

Be wary of free legal advice: Achkar

When they have trouble accessing justice, people often seek legal help “from all the wrong places,” Toronto employment lawyer Christopher Achkar writes in the Toronto Star . Read more

Employees can be held liable for discriminatory behaviour

A recent decision shows employees can be held responsible for discriminatory behaviour in the workplace, Toronto employment lawyer Deborah Howden tells AdvocateDaily.com . Read more

MacLeod LLP helps employers train harassment investigators

Employers can save time and money by training an internal investigator to handle harassment complaints, says Toronto employment lawyer Doug MacLeod , who has teamed up with a workplace investigation expert to offer a one-day training session on Feb. 14. Read more

Case puts employers on notice to draft comprehensive releases

Rodney says there have been previous cases involving workers' compensation in which the adjudicator found that although harassment emerged from the employment, it did not directly relate to it and was therefore, not covered under workers’ compensation. Read more

Lawyer can help negotiate a fair settlement after termination

Employees who resign from a workplace often leave without any kind of severance, but in some cases they may have an entitlement, regardless of which side terminated the contract, Toronto employment lawyer Ellen Low tells AdvocateDaily.com . Read more

Not a privilege between management and HR

By Barry B. Fisher . In this case , Master Champagne had to decide whether a series of emails between senior management and the human resources department had to be produced in an Affidavit of Documents. Read more

Making a disability claim in Ontario

By Bram Lecker and Kimberley Sebag . Most of us spend large portions of our day working to earn a living. This is central to almost every adult’s life. Your job drives family routines and dictates your lifestyle. When an illness or injury strikes, it can occur gradually or strike suddenly. This can leave some of us temporarily or permanently disabled and unable to work. Without prudent financial planning, a disability can bring major lifestyle changes and result in tremendous financial hardship. This is why all Ontario workers should understand where to seek income replacement when facing a disability. Here is a guide for making a disability claim in Ontario. Read more

Ride-sharing lawsuit will be closely watched: Karimjee

The class-action lawsuit against a ride-sharing giant that demands employee rights for its drivers in Ontario will be closely watched in other jurisdictions, employment lawyer Kumail Karimjee tells CTV . Read more

New employer-friendly legislation on the horizon

By Laura Williams . Since its election this summer, Ontario’s Progressive Conservative government has been busy reforming Ontario’s labour and employment laws to make them more employer-friendly as part of a campaign aimed at bringing business back to Ontario. The government first passed Bill 47, repealing many of the new entitlements introduced by the previous Liberal government, then stalled implementation of the province’s Pay Transparency Act . Read more

Ride-sharing class action back on track despite province bailing

The provincial government's decision to not take part in an appeal concerning a proposed $400-million class action against a leading ride-sharing service was an "abdication," says Toronto lawyer Michael Wright , who successfully argued the matter on behalf of a plaintiff driver. Read Law Times Lawyer's Daily Wall Street Journal CBC Read more

Use common sense to determine if you're being bullied at work

Employees should exercise common sense when assessing whether they have been bullied at work, Vaughan labour and employment lawyer Arthur Zeilikman tells AdvocateDaily.com . Read more