Typically, when analyzing contractual language in order to determine its proper meaning, the ‘correct’ interpretation is based on the parties’ intentions at the time of the contract’s signing. But what happens in the case of ‘fixed term contract’ employees? Is strong contractual language enough to deny that individual a reasonable notice period and other benefits […]

Typically, an employee who has been terminated or laid off has not left the employment relationship on the best of terms. While an employer may be reluctant to provide a glowing reference or assist the employee in obtaining re-employment, this can be a costly mistake. The courts have also recently addressed the requirement of employers

A misconception regarding the Human Rights Tribunal (the “HRTO”) is that its only function is to hear human rights issues. While human rights issues should be a prevalent part of any complaint brought before the HRTO, the HRTO also deals with issues within the workplace wherein a unionized employee is not being supported by their

It may have taken several interviews with Laverne Cox, but the world is starting to realize that the public has a perception problem with transgender individuals. Statements such as “you were born a boy/girl” or references to transgender individuals as “it” are downright offensive and are more common than you might think. Gender Identity Discrimination

In most wrongful dismissal matters, the question of whether the Employment Standards Act, 2000 or the Canada Labour Code (R.S.C., 1985, c. L-2)., in the case of federally regulated employees, applies is relatively simple. But what happens when the employees are part of a global organization without separate divisions (i.e Canadian or North American)? This

Getting fired can be hard enough for job seekers in today’s economy. But what happens when your employer goes ‘above and beyond’ and makes serious allegations against you? Andrew Monkhouse, employment lawyer at Monkhouse Law explains. (https://fii-institute.org/) A “With Cause” Termination A Termination ‘with cause’ is a termination wherein your employer has grounds, or reason(s)

While many believe that those who are temporarily unemployed are better off and able to relax in fact nothing is further from the truth. People are familiar with the most common side-effect of unemployment, financial loss, not many are familiar with other side-effects, such as health decline, which accompany a period of work absence. In

Walmart gets a million dollar ‘rollback’ but still pays out $410,000 in damages for terminated employee. These are unprecedented damages in employment matters. The employment law sphere has seen a range of cases wherein the court has been noted for awarding damages which are “unprecedented”, notably in the cases of Fair v. Hamilton-Wentworth District School

Drug/Alcohol Testing Drug and alcohol testing is perhaps one of the most controversial issues within the employment sphere. Is it legal? Can you refuse a test? Often, employees aren’t given an opportunity to ask these questions, due to the nature of random testing, and do not refuse the test out of fear of appearing “suspicious”.

Reprisals A reprisal, in the employment law context, is when an employer has taken action against an employee who has exercised their rights. Typically, the employer will implement measures to affect the employee’s income negatively, or, more commonly, threaten to terminate the employee under false allegations of cause. The employer may also suspend, penalize or