HARD LABOUR [BY WARDS PC LAWYERS] General tips and information about employment law: WRITTEN EMPLOYMENT AGREEMENT NOT MANDATORY, BUT ESSENTIAL: Employment agreements need not be in writing, but they should be. If they are not, the general law in Ontario will apply for termination, including implied terms at law (which can be modified by a […]
HARD LABOUR – EMPLOYMENT AGREEMENTS – DO'S AND DONT'S Read More »
Ontario now allows a person to sue another for damages for invasion of privacy. This has not always been the case it is a fairly new development in Ontario. Many assume a right to privacy, but only recently have our Courts recognized a legal right for a person to actually sue another for damages for
INVASION OF YOUR PRIVACY – YOU CAN NOW SUE SOMEONE FOR THAT (WORK AND PERSONAL) Read More »
HARD LABOUR [BY WARDS PC LAWYERS] There will be new noise rules in Ontario workplaces as of July 1, 2016, pursuant to Ontarios Occupational Health and Safety Act [Regulation (381/15)]. These new rules will apply to many employers in Ontario, including: construction health care schools farming fire services police services Notable new rules that will
HARD LABOUR – NEW WORKPLACE NOISE RULES Read More »
Employees can be subject to discipline based on social media posts about an employer. The law in this area is evolving, but there are more and more cases about this in Ontario. Many employers are developing and implementing social medial policies, but many still do not have those in place, leaving it uncertain what expectations
POSTING ABOUT YOUR JOB ON FACEBOOK/SOCIAL MEDIA – USE CAUTION; BE SMART Read More »
Any person in Ontario can apply to the Ontario Human Rights Tribunal to allege that an employer, for example, has discriminated against that person based on a protected ground under the Ontario Human Rights Code, such as disability. Often these applications are made by employees who are terminated, but who allege that the employer discriminated
More employment cases are being decided in the Small Claims Court. It has a limit of claims of $25,000 or less. Historically, it is challenging for an employee to successfully sue for constructive dismissal. This takes place when the employee feels the situation has been made intolerable by the employer, justifying the employee to leave
EMPLOYEE LEAVES, SUES AND WINS – CONSTRUCTIVE DISMISSAL Read More »
When assessing pay in lieu of reasonable notice in an employment termination case, Courts generally consider the employees position and responsibilities, length of service, age and the availability of other employment generally. Ontarios Court of Appeal has recently clarified the law in Ontario an employers financial circumstances are not relevant to determining an employees entitlement
TERMINATING DUE TO BAD FINANCIAL TIMES – SORRY, EMPLOYEES STILL ENTITLED TO FULL PAYMENT Read More »
Overtime pay can be challenging and confusing, especially when an employee is not paid based on an hourly wage. Ontarios Employment Standards Act, 2000, Part VIII (the Act), sets out when an employee is entitled to overtime pay and the rate that is payable to the employee. Employers who do not follow the overtime rules
OVERTIME PAY – DO YOU HAVE A CLAIM? THREE MISTAKES COMMONLY MADE BY EMPLOYERS Read More »
The New Case: Flatt v. Canada (Attorney General) (Federal Court of Appeal, 2015). The Issue: The employee was blessed with a new baby. She requested the employer to allow her to work from home (teleworking) on the basis that she wished to breastfeed her new baby. The employer said no. The employee then grieved, alleging
You just bought a new house. When you bought it, you likely purchased title insurance. Most do, these days. Title insurance policies in Ontario are extensively used for home buying, but the law has not kept pace on these types of policies, what they mean, what they actually cover, and the like. There is a
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