Author name: jonkersdw

WHAT IF I GET FIRED? AM I PROTECTED BY ONTARIO OR FEDERAL LAW? WHAT'S THE DIFFERENCE?

Most employers in Ontario are governed by Ontario employment law, including the Ontario Employment Standards Act, 2000 (the Act). However, some employers are governed by the federal law of Canada for employment, being the Canada Labour Code. Typically banks, transportation and telecommunication companies, for example, are subject to the Canada Labour Code. Sometimes there is […]

WHAT IF I GET FIRED? AM I PROTECTED BY ONTARIO OR FEDERAL LAW? WHAT'S THE DIFFERENCE? Read More »

EMPLOYERS – OFFERS TO NEW HIRES – MAKE SURE YOU GET IT RIGHT – THE COURT WILL NOT HELP YOU AFTERWARDS

The employer negotiated with the employee for a new job. Key terms of the position were discussed in the interview, such as position, start date, salary amount, vacation time and pay, probationary period and benefits, for example. The employee was leaving an existing job to take this new position. The employer presented a letter of

EMPLOYERS – OFFERS TO NEW HIRES – MAKE SURE YOU GET IT RIGHT – THE COURT WILL NOT HELP YOU AFTERWARDS Read More »

BEING ADDED TO A JOINT BANK ACCOUNT FOR AN ELDERLY PARENT OR FRIEND – BE CAREFUL!

Often an elderly person, or person who is in need of some financial management assistance, adds an adult child or family member to a pre-existing bank account, making it a joint bank account. Commonly there is no paperwork made when this is done, such as the elderly person indicating, in writing, whether: –     the

BEING ADDED TO A JOINT BANK ACCOUNT FOR AN ELDERLY PARENT OR FRIEND – BE CAREFUL! Read More »

USING YOUR WORK COMPUTER/DEVICE FOR PERSONAL EMAILS AND TEXTS – ARE THEY PRIVATE FROM MY BOSS?

You use a mobile device paid for your employer. You use your employers desk top computer all day long. You may even use a lap top supplied by your employer. You likely send and receive personal emails on all of these most of us commonly do. You might also even save personal documents or data

USING YOUR WORK COMPUTER/DEVICE FOR PERSONAL EMAILS AND TEXTS – ARE THEY PRIVATE FROM MY BOSS? Read More »

I'VE BEEN TERMINATED – I STILL GET MY BONUS THIS YEAR, RIGHT? CAN THEY DO THIS TO ME?

In Ontario, 2015 has introduced new law about bonuses when an employee is terminated, specifically: a)   if the employee is entitled to be paid bonus or incentive payments accrued as of the date of termination; and b)   if the employee is entitled to loss of bonus during the reasonable notice period. Typically, employers insert

I'VE BEEN TERMINATED – I STILL GET MY BONUS THIS YEAR, RIGHT? CAN THEY DO THIS TO ME? Read More »

MAKING COMPLAINTS ABOUT SAFETY AND YOUR BASIC RIGHTS IN THE WORKPLACE – THE LAW DOES HELP YOU

In Ontario, employees are given protection for making a complaint about safety issues and conditions in the workplace. For example, the Occupational Health and Safety Act of Ontario contains a reprisal section, effectively meaning that an employee cannot be terminated for making a complaint about a safety issue in the workplace. Similarly, for example, the

MAKING COMPLAINTS ABOUT SAFETY AND YOUR BASIC RIGHTS IN THE WORKPLACE – THE LAW DOES HELP YOU Read More »

TACKLING WORKPLACE HARASSMENT – THE NEW RULES ARE COMING – EMPLOYERS TAKE NOTE

The rules are changing for workplace violence and harassment. The Ontario government is re-prioritizing these issues, including imposing new duties and obligations on employers in Ontario if a workplace complaint is made concerning harassment or violence. These new changes will augment Bill 168 of the Occupational Health and Safety Act, the existing law in Ontario,

TACKLING WORKPLACE HARASSMENT – THE NEW RULES ARE COMING – EMPLOYERS TAKE NOTE Read More »

SUING DEEP-POCKETED DEFENDANTS – LEVELLING THE PLAYING FIELD WITH A LITIGATION LOAN

Suing a deep-pocketed defendant can be problematic from a litigation funding angle. An emerging trend in other countries is funding by a third party to finance the litigation, if the litigation is meritorious. This ‘level-the-playing-field’, access-to-justice-premised emergence is finding its way into Ontario law. There are both proponents and those who are critical of this

SUING DEEP-POCKETED DEFENDANTS – LEVELLING THE PLAYING FIELD WITH A LITIGATION LOAN Read More »

FAILING TO CONDUCT A GOOD WORKPLACE INVESTIGATION BEFORE TERMINATING – JUST CAUSE NO MORE

The case: Fredricks v. The BTS Network Inc. (HRTO 2015, No. 1597). Basic Facts: The employee was a bus driver, who made a complaint alleging discrimination in the workplace related to harassment by another employee (involving racism). He was terminated no long after. The employee made a complaint to the Human Rights Tribunal, alleging reprisal

FAILING TO CONDUCT A GOOD WORKPLACE INVESTIGATION BEFORE TERMINATING – JUST CAUSE NO MORE Read More »

BY JAN 1 – COMPLY WITH YOUR OBLIGATIONS UNDER THE NEW AODA RULES – THEY WILL BE ENFORCED

Employers – Remember there are upcoming deadlines for the new requirements imposed on your business and workplace under the Ontarians with Disabilities Act ("AODA"). These will apply to you as of Jan. 1, 2016. Your obligations depends on the size of your business (i.e., if you fewer than 50 employees, typically). The AODA and Human

BY JAN 1 – COMPLY WITH YOUR OBLIGATIONS UNDER THE NEW AODA RULES – THEY WILL BE ENFORCED Read More »

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