Labour & Employment

When an employee is terminated, they have an obligation to reasonably mitigate their damages by seeking comparable employment. If an employee fails to fulfill this duty, it may disentitle them from wrongful dismissal damages. But how can this obligation be fulfilled and what is considered “reasonable” mitigation? Two cases from the Ontario Superior Court of […]

As the landscape of employment continues to evolve, the rise of remote work has presented unique challenges in defining the legal parameters of employment, particularly regarding the determination of an employee’s province of employment when working from home. With employees now able to work from virtually anywhere, understanding the implications of provincial jurisdiction is essential

In today’s evolving job market, companies often engage workers in various capacities, including as independent contractors and employees. While both roles can provide significant contributions to a company’s operations, they also have distinct legal and financial implications for both parties involved. Understanding the differences between independent contractors, employees and the even rarer dependent contractors is

Holiday bonuses (and gifts) are commonly appreciated, morale-boosting and an opportunity for employers to express gratitude to employees collectively at the end of the work year. However, if expectations are not met, they can also cause strife, conflict and, in some cases, litigation. Bonuses are not legislatively governed in Ontario; rather, they are considered a

In this case, a “construction” employee had signed an employment agreement purporting to minimize the employee’s entitlements upon termination to only those required by the Ontario Employment Standards Act, 2000 (the “ESA”). However, the Court held the employment contract to be invalid, thereby awarding common law reasonable notice to the employee. The fatal error by

Under Ontario’s Accessibility for Ontarians With Disabilities Act (“AODA”), there are some upcoming deadlines CKL businesses may need to be aware of: Accessible Websites Required for 2021 Particularly timely with so many of us working, shopping and generally living online is the obligation to make websites accessible. That is set to be in force on

I just returned to work. Can my boss tell me when I can take my vacation this year? Yes. Because the COVID-19 pandemic has made travel impossible or risky to one’s health, employers may face employee requests to delay vacation time. In this Insight, we help employers in Ontario understand their rights and obligations when faced

Employers operating in Ontario, Canada should be aware that Ontario’s minimum wage rate is set to increase on October 1, 2020. This increase affects not only the general minimum wage rate, but also the alternative minimum wage rates that apply in Ontario. Effective on October 1, 2020, all minimum wage rates are increasing as follows:

Employers with 10 or more employees in Ontario are required to preserve pay equity in accordance with the Ontario Pay Equity Act, RSO 1990, c P7 (“PEA”). Under Ontario’s laws, “pay equity” is different from “equal pay for equal work”. Under Ontario’s Employment Standards Act, 2000 (ESA), subject to certain exceptions, an employer cannot pay one employee at