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Top 5 Employment Law Cases of 2016 by Monkhouse Law, Toronto Employment Lawyers

New decisions come out of the Courts all the time, but some of these are big enough to change where the law stands. The following top employment cases of 2016 have either made it clear where the law stands on a legal issue or is a reminder of important legal principles within employment law. Generally, […]

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The Importance of a Workplace Investigation

Recently, a federal court judge discarded a workplace harassment investigation due to an improper, impartial investigation into alleged workplace harassment. This blog post will discuss the importance in ensuring that you conduct an appropriate investigation into any complaints regarding workplace harassment and bullying issues in order to avoid an unfavourable outcome. The decision was Bairaj

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CPP and Long Term Disability (LTD) Insurance Payments – Toronto Disability Lawyer

What are CPP Disability Benefits? Canada Pension Plan (“CPP”) disability is a Federal program administered by Service Canada. If you have paid into CPP, then you may qualify for CPP disability benefits in the event you become unable to work due to an injury, illness or medical condition. If you are approved, you will receive

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Ontario Updates OHRC Policies on Ableism and Disability and Workplace Testing

Canada has long been a global beacon for the recognition and advancement of human rights.  Consistent with this reputation, the Ontario Human Rights Commission (the “OHRC”) has updated some of its policies in the past few months for the purposes of clarification, expansion of rights, and the incorporation of new developments and research.  These two

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Holiday Season Tips and Tricks From a Toronto Employment Lawyer

The 2016 holiday season is fast approaching. This is a time when the combination of out-of-office holiday parties, flu season, statutory holidays and accommodation of religious holidays can be a minefield for both employees and employers in the context of employment law. Thus in anticipation of the upcoming season, we have put together a list

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Employee Handbook Termination Clauses Often Not Valid – Toronto Employment lawyer

Employers have a myriad of human resources policies to comply with their wide-ranging obligations in employment law as well as industry and internal practices and procedures. Often these policies are bundled in what employers refer to as an “employee handbook”. This may be efficient, but can also be dozens if not hundreds of pages long.

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Arbitration Clauses In Employment Law: Toronto Employment Lawyer

Section 7 of the Arbitration Act, 1991 states: If a party to an arbitration agreement commences a proceeding in respect of a matter to be submitted to arbitration under the agreement, the court in which the proceeding is commenced shall, on the motion of another party to the arbitration agreement, stay the proceeding. If there

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LTD Claims: Chronic Pain Syndrome and Fibromyalgia – Toronto Disability Lawyer

There are two types of disability benefits you could be entitled to if you suffer from Chronic Pain Syndrome or Fibromyalgia: 1.    CPP Disability Benefits You are eligible for this if you have worked for at least four (4) out of the past six (6) years, and paid payroll taxes. These disability benefits pay a

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Human Rights Damages Increasing For Employers

The Ontario courts are following the lead of the Ontario Human Rights Tribunal and are increasingly likely to award damages for human rights violations (sometimes higher than their Tribunal counterparts). This should serve as a caution to employers who commit discrimination within the context of employment. History Traditionally, the Human Rights Tribunal in Ontario and

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Hired Away, Then Terminated: Inducement Promises Made, Then Broken

In today’s economic climate, the statement “I left a secure, well-paid job based on their assurances” is becoming more and more of a common experience for many employees. In the search for new talent, employers often turn to head hunters as part of their recruitment strategy. These head hunters and recruiters search for capable talent

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