Labour & Employment

This employee made threats againt co-workers. He was terminated. He sued for wrongful termination, claiming that his conduct was due to his dependency on alcohol (which is a recognized mental health disability). He claimed the employer discriminated against him under the Human Rights Code on the basis of his disability. The Court of Appeal disagreed. […]

If you are terminated from your job, you may be entitled by law to "severance pay" under the Employment Standards Act of Ontario. One of the conditions may be that your former employer had a annual payroll of $2.5 million or more when you were terminated.  Now, in Ontario, this test is based on your

Before terminating an employee for unsatisfactory performance (especially if cause for termination is alleged), an employer must take proper steps to minimize the risk of liability for wrongful termination. Generally, these steps, which sometimes are called progressive discipline, include: the employee must be aware of the employer’s expectations; the employee’s performance must be significantly unsatisfactory

To help ensure that employers understand their obligations and that employees know their rights, the Minister of Labour has prepared and published an Employment Standards Poster entitled Employment Standards in Ontario. This poster describes important rights and requirements under the Employment Standards Act, 2000 and must be posted in the workplace where it is likely

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, 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 can be

Terminating an employment relationship should not be decided without planning and consideration of potential obligations. Liability for reasonable notice, or pay in lieu of notice, must be considered.  Before any employer decides to terminate an employee, here is a checklist that will be helpful to review before a decision is made to terminate an employee.

Ensuring privacy in the workplace is increasingly important for employers in Ontario law. Employees are making more complaints. The Courts are focusing more on employee privacy in the workplace. Both the Ontario and the federal Privacy Commissioner seem to be adjudicating more employee complaints. For example, cases are emerging about: a) posting employees photos in

EMPLOYERS – Make sure you take care in your release form for the dismissed employee to sign. The new case: Hutton v. ARC Business Solutions Inc., 2015 AHRC 7 (Alberta Human Rights Tribunal). The employer paid a severance package in exchange for a release of liability being signed. The release form did not specifically address

EMPLOYEES – Your employer may be required by law to make deductions against your pay, such as income tax, employment insurance premiums, Canada Pension Plan contributions, union dues or other amounts authorized by a collective agreement. You can also agree to other deductions, such as health, dental or disability group insurance plans and payroll savings

EMPLOYERS – An active Health and Safety Committee can protect you from liability under Ontario’s Occupational Health and Safety Act: "An Ontario court has dismissed charges under the Occupational Health and Safety Act after two incidents which the joint health and safety committee did not identify as posing a high priority safety concern. The charges