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Importance of Mitigation

June 7, 2016

In a wrongful dismissal matter, there is an obligation on a terminated employee to mitigate his or her damages. This effectively means that a terminated […]

Importance of Mitigation Read More »

Medical Marijuana in the Workplace

May 1, 2016

Health Canada estimates that over the next 10 years, 450,000 Canadians will turn to use legal medical marijuana. As the popularity of medical marijuana continues

Medical Marijuana in the Workplace Read More »

Employee reviewing a notice of termination and severance documents while working from home in Ontario

ESA vs. Common Law Notice in Ontario: What Employees Need to Know

April 18, 2016

If you were terminated without cause in Ontario, your employer may owe you more than the minimum notice required under the Employment Standards Act, 2000

ESA vs. Common Law Notice in Ontario: What Employees Need to Know Read More »

Court of Appeal Protects Dependent Contractors

April 2, 2016

There is a new trend in the workplace which has seen an increase in the number of people being termed “contractors”. As a result of

Court of Appeal Protects Dependent Contractors Read More »

Ontario Human Rights Commission Releases Position Paper on Sexualized Dress Codes

March 23, 2016

In a policy position paper on gender-specific dress codes, released on March 8 by the Ontario Human Rights Commission (OHRC), the OHRC sought to put

Ontario Human Rights Commission Releases Position Paper on Sexualized Dress Codes Read More »

Statutory Entitlements and Limitation Periods

March 16, 2016

Statutory entitlements after the expiry of limitation – you can receive entitlements more than two years after they become payable. Many employees are wrongfully led

Statutory Entitlements and Limitation Periods Read More »

Exempted From The ESA: How The ESA Regulations Exclude Certain Occupations From Its Protections

January 30, 2016

When most individuals think of the Employment Standards Act, 2000 and its purpose, they think “employee protection”. However, the ESA Regulations exclude certain occupations from

Exempted From The ESA: How The ESA Regulations Exclude Certain Occupations From Its Protections Read More »

Human Rights Damages for Disability Discrimination – Defining What’s Reasonable

January 24, 2016

Discrimination on the basis of disability is one of the more severe forms of discrimination, particularly in the workplace, considering that a termination can further

Human Rights Damages for Disability Discrimination – Defining What’s Reasonable Read More »

Working Notice: The Pros and Cons

January 17, 2016

Working notice is typically a less popular topic of discussion in employment law given the concerns related to providing working notice over pay in lieu

Working Notice: The Pros and Cons Read More »

Employment Law Myths: Implied Probationary Periods

January 9, 2016

In accordance with section 54 of the Employment Standards Act, 2000, employees employed continuously for three (3) months or more must be provided with statutory

Employment Law Myths: Implied Probationary Periods Read More »

Employer “Don’t”: Firing Employees for Attempting to Unionize

January 4, 2016

This post explores a major employer “don’t”: firing employees for attempting to unionize. A significant number, but not a majority, of Canadian workers are unionized. In

Employer “Don’t”: Firing Employees for Attempting to Unionize Read More »

Tax and Legal Claims Related to Employment

December 24, 2015

It’s a well-known fact that anything categorized as “employment income” when paid out to an employee, is taxable. So naturally, litigants in a wrongful dismissal

Tax and Legal Claims Related to Employment Read More »

Reprisals: An Update On How The Law Identifies and Addresses Reprisals Within The Workplace

December 18, 2015

It is well-accepted law that reprisals (action taken by an individual or company to punish an individual for asserting his or her legal rights) are

Reprisals: An Update On How The Law Identifies and Addresses Reprisals Within The Workplace Read More »

Employment Law Small v. Large Business

December 5, 2015

Small Businesses and Large Companies According to Industry Canada in 2012, approximately 70% of businesses in Canada are small businesses, meaning that they have less

Employment Law Small v. Large Business Read More »

Canadian flag representing federally and provincially regulated employees in Canada

Federally Regulated vs. Provincially Regulated Employees in Canada

November 25, 2015

Most employees in Canada are governed by provincial or territorial employment laws. However, employees in certain industries and workplaces are federally regulated and may instead

Federally Regulated vs. Provincially Regulated Employees in Canada Read More »

Employees and Independent Contractors

November 14, 2015

What type of worker are you? In today’s economic climate, employment law issues are often covered in the media. Recently, the Toronto Star covered a

Employees and Independent Contractors Read More »

Harassment Claims Require Hard Proof: A Look at Employment Law Precedents

November 5, 2015

Harassment within the workplace is a prevalent issue and is something many employees consult an employment lawyer for. But what makes harassment in the workplace

Harassment Claims Require Hard Proof: A Look at Employment Law Precedents Read More »

Probationary Periods Can Equal Minimum Notice

October 20, 2015

In Kong v. Vancouver Chinese Baptist Church the probationary period was found to be the notice period minimum. Every employment relationship is unique, and courts

Probationary Periods Can Equal Minimum Notice Read More »

Damages for Failed Investigations: Shoddy Investigations Expose Employers to Significant Liability

October 11, 2015

Canadian Court awards $30,000 for failed investigation. A new case in the field of employment law is making it clear to employers relying on misconduct

Damages for Failed Investigations: Shoddy Investigations Expose Employers to Significant Liability Read More »

5 Things You Didn’t Know About Employment Law

October 2, 2015

Ontario Employment Law is often counter-intuitive. This blog post goes through five little knowns, but very important aspects of Ontario Employment Law. 1. Dependent Contractors

5 Things You Didn’t Know About Employment Law Read More »

Sexual Assault in the Workplace – Employer Liability

September 26, 2015

Sexual assault in the workplace is an issue that impacts an organization in multiple ways. The law recognizes that multiple heads of damages, including human

Sexual Assault in the Workplace – Employer Liability Read More »

Gordon v. Altus: Punitive Damages and Employer Misconduct

September 19, 2015

In a recent Ontario case, $100,000 was added for employer misconduct in punitive damages. In the employment law sector, the award of punitive damages is often

Gordon v. Altus: Punitive Damages and Employer Misconduct Read More »

Overtime Pay: Authorization Not Required

September 11, 2015

There are overtime misconceptions about the law. With the exception of certain positions (managerial or supervisory), employment capacities (independent contractors and consultants) land certain industries

Overtime Pay: Authorization Not Required Read More »

Ford Keegan v Miller ABM

September 2, 2015

Battle of the Case Law: Distinguishing Ford v. Keegan and Related Jurisprudence from Miller v. ABM, Wright v. Young and Rubicam New Developments in Termination

Ford Keegan v Miller ABM Read More »

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