The standard rule in Canadian civil litigation is that the loser pays a portion of the legal costs of the winning side. Such a rule does not make sense for class actions, including employee class actions. There is a single plaintiff in court who represents a large class of persons — the representative plaintiff. No …
Despite the fact that a recent Ontario Court of Appeal decision, Merrifield v. Canada (Attorney General) 2019 ONCA 205, found that there is currently no tort of harassment at common law, mounting societal pressure and changing cultural attitudes have catalyzed numerous lawsuits relating to workplace harassment in Canada and beyond. A Canadian class action against WestJet has …
Under the Ontario Employment Standards Act, 2000 (“ESA”), employees are entitled to vacation pay calculated at a minimum of four (4) per cent of their gross wages earned within a 12-month vacation entitlement year, or the stub period for which their vacation is being given. If an employee has been employed for five (5) or …
An RBC Insurance survey has uncovered a growing inverse relationship between disability coverage and the need for time off due to disability among Canadian employees. It is becoming increasingly imperative of Canadians to be aware of, and understand, whether or not they have disability coverage, what that coverage looks like, and to have a plan …
Half of Canadians Have No Disability Insurance: Survey Read More »
It is nothing less than a national tragedy that the Royal Canadian Mounted Police (RCMP) — a police force that used to be respected — is now dealing with a second $100 million class action sexual harassment settlement by female officers. For more than 100 years, the RCMP was a police force with integrity, distinction …
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 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 …