It is a foundational principle of tort law that the purpose of compensation is to put the plaintiff back into the position they would have been in had the tort not been committed. In the context of a wrongful dismissal claim, the resultant damages are meant to ensure that the plaintiff has reasonable notice of …
Not all employment-related matters can or should proceed in the same forum. For instance, unlike provincially-regulated employees, federally-regulated employees are sometimes able to pursue their employment matter through the Canada Labour Code (“CLC”). It is important to receive legal advice quickly to determine how to best bring your claim and protect your rights. Some forums …
Canada Labour Code Complaints and Unjust Dismissal – Toronto Employment Lawyer Read More »
According to the Employment Standards Act, employees are not entitled to paid vacation time during their first year of employment. That is because employees accrue entitlement to vacation as they work. In other words, an employee who works one full year, is entitled to two weeks of vacation. Notwithstanding this, many employers allow their employees …
“Negative Vacation Banks” are contrary to the Employment Standards Act Read More »
The forces of global competition now pervade the economy, where advanced communications have made possible competition from around the world even for skilled service work. This trend has encouraged looser employment relationships as employers seek greater flexibility. Employers frequently hire temporary workers and purported ‘contractors’ with the aim of limiting their obligations to those workers. …
Independent Contractor Arrangements Under Attack Read More »
When confronted with an employment issue it is typically best and most desirable to act fast towards resolving your matter, which may involve starting some sort of legal claim. As there are multiple avenues to choose from, with some offering greater or different benefits than others, one should be mindful that starting a claim in …
Ministry of Labour Complaints – Pros and Cons – Toronto Employment Lawyer Read More »
Solicitor-client privilege imparts a right to confidentiality for the documents that contain the legal advice provided by lawyers to their clients, or the advice sought by the clients. It is an important component of access to justice intended to allow unfettered access to legal advice without a fear that the act of seeking advice could …
Before commencing employment new employees are often asked to sign an employment contract as a condition of starting in that role. This contract may contain a termination clause that outlines the circumstances of when the employer can terminate the relationship and what the employee’s entitlements would be if that happens. In Ontario, if there is …
When Premier Doug Ford and the Progressive Conservatives were elected, they proposed many changes to the way in which Ontario was to be governed. To make these changes, the Ford government tabled many bills, one of which was the omnibus, Bill 66, Restoring Ontario’s Competitiveness Act, 2019. Bill 66 is not to be confused with …
Canada is a country distinguished by, and proud of, its diversity. This diversity manifests itself in the employment world, as many foreign nationals travel to Canada to work temporarily and gain valuable Canadian work experience. It is important to know that temporary foreign workers (“TFW”) have rights that must be respected in the workplace. There …
The Rights of Temporary Foreign Workers in Canada – Toronto Employment Lawyer Read More »
On December 13, 2018, the federal government’s Bill C-86, which among other things establishes a new Pay Equity Act (the “Act”), received royal assent. The Act will create new requirements for federally regulated employers with the goal of ensuring that compensation of all employees who are in female-dominated jobs are brought up to the level …
Preparing for Federal Pay Equity – Toronto Employment Lawyer Read More »