Labour & Employment

NAVIGATING THE LEGAL TERRAIN: DETERMINING YOUR PROVINCE OF EMPLOYMENT WHILE WORKING FROM HOME

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 […]

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INDEPENDENT CONTRACTOR, EMPLOYEE, OR SOMEWHERE IN BETWEEN?

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

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CHRISTMAS BONUSES AND HOLIDAY GIFTS BY EMPLOYERS – ENROLLMENT IN THE JELLY-OF-THE-MONTH-CLUB THIS YEAR? READ THIS BEFORE KIDNAPPING YOUR BOSS ON CHRISTMAS EVE

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

CHRISTMAS BONUSES AND HOLIDAY GIFTS BY EMPLOYERS – ENROLLMENT IN THE JELLY-OF-THE-MONTH-CLUB THIS YEAR? READ THIS BEFORE KIDNAPPING YOUR BOSS ON CHRISTMAS EVE Read More »

CLEARING SNOW OR ROOF TOP WORKING WITHOUT TRAINING OR FALL RESTRAINT? FACE CRIMINAL LIABILITY AND BIG FINES. DON’T BE THIS EMPLOYER…

Working high without proper training or fall restraints? You can face both criminal liability and significant criminal fines, particularly the employer: Convicted: North West Lumber Co. Ltd. (NWL), operator of a Home Hardware Building Centre at 3299 Errington Avenue in Chelmsford (City of Greater Sudbury). Location: The Home Hardware Building Centre in Chelmsford. Description of Offence: A worker

CLEARING SNOW OR ROOF TOP WORKING WITHOUT TRAINING OR FALL RESTRAINT? FACE CRIMINAL LIABILITY AND BIG FINES. DON’T BE THIS EMPLOYER… Read More »

POTENTIALLY VIOLATING ONTARIO’S EMPLOYMENT STANDARDS ACT INVALIDATES AN EMPLOYMENT CONTRACT – PERIOD.

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

POTENTIALLY VIOLATING ONTARIO’S EMPLOYMENT STANDARDS ACT INVALIDATES AN EMPLOYMENT CONTRACT – PERIOD. Read More »

UPCOMING DEADLINES FOR CKL BUSINESSES – ACCESSIBILITY FOR ONTARIANS WITH DISABILITIES ACT – WHAT YOU NEED TO KNOW

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

UPCOMING DEADLINES FOR CKL BUSINESSES – ACCESSIBILITY FOR ONTARIANS WITH DISABILITIES ACT – WHAT YOU NEED TO KNOW Read More »

CKL – MINIMUM WAGES INCREASE OCT. 1 – WHAT YOU NEED TO KNOW.

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:

CKL – MINIMUM WAGES INCREASE OCT. 1 – WHAT YOU NEED TO KNOW. Read More »

PAY EQUITY FOR DUMMIES – WHAT YOU NEED TO KNOW.

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

PAY EQUITY FOR DUMMIES – WHAT YOU NEED TO KNOW. Read More »

CKL EMPLOYERS – SEP. 4 IS NIGH – WILL YOU SUFFER THE SLINGS AND ARROWS OF OUTRAGEOUS FORTUNE? THE LOOMING CHOICE OF LAY-OFF OR RECALL. WHAT YOU NEED TO KNOW.

In Ontario, temporary lay offs generally may be up to thirteen weeks, under the Employment Standards Act, 2000 (Ontario) (“ESA”). If the person is not recalled, the employer faces risk that the employee would be deemed terminated under the ESA, even if both the employer and the employee wish to continue the employment relationship. During COVID’s special circumstances,

CKL EMPLOYERS – SEP. 4 IS NIGH – WILL YOU SUFFER THE SLINGS AND ARROWS OF OUTRAGEOUS FORTUNE? THE LOOMING CHOICE OF LAY-OFF OR RECALL. WHAT YOU NEED TO KNOW. Read More »

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