Author name: jonkersdw

There is an emerging trend in Ontario employment law – Courts are giving increasingly more reasonable notice, or pay in lieu, to advanced age, longer-service employees. If an employment contract does not contain an enforceable termination provision limiting the terminated employee’s notice to the statutory minimums set out by the Employment Standards Act, 2000, the […]

Terminating an employment relationship should not be decided without planning and consideration of potential obligations (and liability). Liability for reasonable notice, or pay in lieu of notice, must be considered.  Before you decide to terminate an employee, below is a checklist that will be helpful to review before a decision to terminate is made. This

Ontario’s Employment Standards Act, 2000, SO 2000, c. 41, governs most employees’ basic, statutory rights and entitlements for employment. Part VII.1 (section 21.2) contains the so-called “three-hour rule”. Pursuant to the three-hour rule, subject to a few exceptions, if you regularly work more than three hours in your work day, but on any given day

In Ontario, a wrongfully dismissed employee with no employment contract specifying severance entitlement is entitled to damages at common law. These damages are commonly calculated based on a reasonable notice period and pay in lieu of not being provided that reasonable notice of termination. Dismissed employees also have a duty to make reasonable efforts to

Overtime pay in Ontario is governed by Part VIII of the Employment Standards Act, 2000 (the “ESA”). In a nutshell……… Many employees in Ontario are entitled to overtime pay. For most employees, whether they work full-time, part-time, are students, temporary help agency assignment employees, or casual workers, overtime begins after they have worked 44 hours

An employee who resigns, verbally or in writing, may ask to ‘take back’ his or her resignation. This creates an issue for the employer, of course, particularly if the resignation is a welcomed outcome to the relationship. Ontario law says that an employer may be obliged to allow an employee to withdraw or retract a

Employers may be confused and uncertain how legalized cannabis use impacts their workplace, including how they can monitor and regulate it. It is important to understand the difference between using weed recreationally and for medical reasons – they are treated differently, at law. The Ontario Human Rights Code (the “Code”) applies to both recreational and

Ontario’s Occupational Health and Safety Act imposes important obligations on employers regarding workplace (sexual) harassment. They are designed to enforce proactive measures for all workplaces in Ontario – compliance is now being audited by Ontario’s Ministry of Labour. Non-compliance can mean significant fines, penalties and potential civil liability. Employers in Ontario must: make and prominently (conspicuously) post in the

HARD LABOUR – BY JASON WARD AND WARDS LAWYERSPC REFERENCES BY FORMER EMPLOYERS – THEY CAN BE HONEST: Employers may be wary of giving references for current or former employees, particularly if they were dismissed by the employer. There is no legal obligation for an employer to give an employment reference, unless there is an