Labour & Employment

Effectively, there needs to be a reasonable and proved link between the dress code and the workplace. For example, a bar/restaurant may find it difficult to justify requiring female servers to wear short, sleeveless dresses and boots or heels, especially if their counterpart male servers wear something more conservative. Certainly the Bier Markt in Toronto […]

More important changes will affect employers and employees in Ontario as of Jan. 1, 2016 as part of the AODA phase-in. Requirement: Accessibility for Ontarians with Disabilities Act, 2005 Date of Requirement Below: Jan. 1, 2016 The AODA contains an Employment Standards section. Employers must establish new internal practices regarding the recruitment, accommodation and advancement

The Case: Le Safecross First Aid Limited, a recent decision of the Ontario Labour Relations Board The Issue: The employee made a complaint to his company about safety conditions in the workplace. He complained the conditions caused him to suffer ongoing knee pain and discomfort.  Shortly after, he was terminated by the company. The company

An employment bonus, or sometimes referred to as incentive payment, are voluntary and non-contractual payments if they are truly discretionary. Bonuses, if they are to be paid, should be, but sometimes are not, specifically addressed in the employment contract. Many employers simply include a clause declaring that any bonus paid is purely "discretionary". These clauses

Bill 132: the Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2015. This new, proposed Ontario law is part of the Ontario governments three-year action plan: Its Never Okay: An Action Plan to Stop Sexual Violence and Harassment released in March of this year. Employers, educational institutions and

What is constructive dismissal? The law in Ontario has been changing over the past year or so. Generally, it may occur when an employer unilaterally makes a fundamental change to an employees terms of employment. This may be, for example, a pay reduction, a significant change to the employees duties or position, or even a

Even a mistaken over payment by an employer – it should be unilaterally deducted by the employer against future pay owed to the employee or against any other amount due and payable. Most employers assume they can simply deduct it from wages payable, for example. No so. While the Employment Standards Act of Ontario, on

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. While employers have argued economic downturns as justification for termination, Courts have historically disregarded this argument and, in fact, in some cases given

This is a great summary of rights/obligations in the workplace for voting for the upcoming Oct. 19, 2015 federal election – for both employees and employers. This article is by: Borden Ladner Gervais LLP – Dan Palayew, reproduced by Lexology.com ________________________________________________________________________________ "With the upcoming elections, we thought it would be timely to remind you of

The September, 2015 Case: Gordon v. Altus Group Limited 2015 ONSC 5663. The Outcome: The employer alleged cause for termination. The Court held there was no cause for termination. The employer had to pay not only damages for failure to provide reasonable notice, but also $100,000 in punitive damages (for a failure to perform the