HARD LABOUR [BY WARDS PC LAWYERS] Under Ontario’s Employment Standards Act, 2000 (the “Act”), an employer cannot terminate or otherwise punish an employee who asserts his or her rights under the Act. This is known as “reprisal” by the employer and, generally, will cause the employer to be punished itself by the Ontario Ministry of […]
HARD LABOUR [BY WARDS PC LAWYERS] So-called tip theft in Ontario will be no more, much to the delight of employees and the concern of businesses in industries that rely on tips and gratuities. Ontarios Protecting Employees Tips Act, 2015 (Bill 12) is now passed and will be the law in Ontario as of June 10,
LEAVING A TIP? COUNTING ON TIPS FOR YOUR PAY? KNOW THIS – THE NEW DEAL IN ONTARIO Read More »
HARD LABOUR [BY WARDS PC LAWYERS] Workers comp is governed in Ontario by the Workplace Safety and Insurance Act, 1997, SO 1997, c. 16 and its regulations (the Act). Employers Required to Register (Covered by the Act): The Act contains lists of types of industries; namely, Schedule 1 and Schedule 2. A worker employed in
HARD LABOUR [BY WARDS PC LAWYERS] The Ontario Retirement Pension Plan (the ORPP), is soon to be a provincially-run plan that, similar to the federal Canada Pension Plan, will be funded by equal contributions from both employers and employees. What Is It and When Does It Take Effect? Basically, the ORPP is a compulsory Ontario-managed pension
HARD LABOUR [BY WARDS PC LAWYERS] Despite what you may have heard, damages for wrongful termination in Ontario are not capped at the equivalent of two years (24 months) reasonable notice. In other words, in special (although rare) circumstances, a terminated employee can be entitled to more than the equivalent of 24 months of compensation
HARD LABOUR [BY WARDS PC LAWYERS] Proving just cause for termination is a challenging task for employers. Employers must properly and diligently document a progressive discipline process before terminating the employee generally, including documentary evidence of successive written warnings, cautions and opportunity to rectify the improper conduct by the employee. However, if these steps are
EMPLOYER WINS THIS ONE – HOW TO SHOW "JUST CAUSE" FOR TERMINATION Read More »
If you complain about harassment or safety issues in your workplace, what protection is available to you? The Ontario Labour Relations Board will reinstate you, presumptively, or, alternatively, award you lost wages and pay if your employer punishes you for doing so by terminating you or taking away your worktime. In a recent case, a
HARD LABOUR [BY WARDS PC LAWYERS] The Ontario Ministry of Labour often conducts a compliance blitz by inspecting employer businesses across Ontario. They recently completed a blitz of 304 businesses for general compliance with the Employment Standards Act, 2000 of Ontario. The result – 232 businesses were not compliant and received compliance orders, notices of
RECENT MINISTRY OF LABOUR BLITZ – EMPLOYERS ARE NOT COMPLYING WITH THE LAW Read More »
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 »
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