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
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 »
As of December 1, 2015, the new Police Record Checks Reform Act, 2015, (the Act) is passed as law in Ontario. This will affect how employers, for example, conduct criminal background checks for new and existing employees and the information that will be available for these checks. The Act brings into law fairly sweeping and
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
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