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

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

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

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

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

I just returned to work. Can my boss tell me when I can take my vacation this year? Yes. Because the COVID-19 pandemic has made

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

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

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

You and a few co-workers are out to dinner after a lengthy work week. During the event, your co-worker, who is also more senior than

At the end of this year (Jan. 1, 2021), employers that are federally regulated (banks, transportation, communication, etc.) must comply with the new “Work Place

In a recent wrongful dismissal case, the Ontario Superior Court of Justice held that a potential violation of the Ontario Employment Standards Act, 2000 (the “ESA”), no matter how

The Ontario government recently announced a made-in-Ontario Intellectual Property Action Plan to help ensure the tremendous social and economic benefits of taxpayer-funded research and innovation

CHECKLIST – THE TERMINATION MEETING In most cases, the termination should be communicated in a meeting with the employee at which they are advised of

PRE-TERMINATION CHECKLIST Terminating an employment relationship should not be decided upon without planning and consideration of potential obligations (and liability). Liability for reasonable notice, or

THE HIRING PROCESS – DO’S AND DON’TS BEFORE THE INTERVIEW: DO: Create a uniform hiring process for all applicants: Draft interview questions in advance based

Here are Jason’s and Calvin’s top 10 tips for hiring a new employee: [1]      SIGNED EMPLOYMENT AGREEMENT/OFFER: Before the employee starts any work: ensure you have

Ultimately, employers do not need a reason to terminate an employee governed by Ontario law. They can do so “without cause” at any time, subject

If you are terminated by your employer and: [1] firstly, there is no “just cause” for your termination; and [2] secondly, you do not have a

Ontario’s Court of Appeal, our highest provincial Court, recently released a very important decision affecting the enforceability of written employment agreements and employers’ efforts to

Publishing online very personal or intimate information or images of another may be a very costly mistake. The Ontario Court is increasingly awarding significant damages

CKL businesses and organizations – discrimination and diversity in your workplaces is paramount.  To promote inclusiveness and target systemic discrimination, did you know that you

Workplaces in the CKL must promote and achieve diversity, equity and inclusion. This change must be initiated from the top down. Measurable objectives must be

The federal government has now announced a call for proposals under the Enabling Accessibility Fund (“EAF”) – small projects component. The EAF provides funding for projects

The Occupational Health and Safety Act of Ontario statutorily mandates that Ontario employers must take every precaution, reasonable in the circumstances, for the protection of

Commonly employers use contracts to try to limit an employee’s entitlements upon termination (for any reason) to only those statutory minimums mandated by Ontario’s Employment

There have been important developments recently regarding claims arising from alleged workplace harassment, bullying and toxic work environment, as prohibited by Ontario’s Human Rights Code

Increasingly businesses (and employers) and public organizations deploy and use ever-improving surveillance technology, including workplace audio and video recording.  Ontario law has remained vigilant and

In this recent case, a long-time employee (thirty years) was justifiably terminated, without severance, for an isolated incident of sexual harassment in the workplace. The

A car dealership employee surreptitiously took videos and photos of female clients of the dealership. He then showed them to co-employees and made inappropriate comments,

Despite that many employees do not take their contractual or statutory vacation time each year, increasingly “vacation shaming” pervades our workplaces. Vacation shaming has been

I’m loathe to be Grinchy, but here are some tips for your workplace holiday party or event this year: Location and Driving: consider holding the

It’s that time again – holiday party!!!!!!! With the fun comes the responsibility (and potential liability to employers and co-employees). Benjamin T. Aberant and Shana

Employees who experience sexual or other harassment or violence in the workplace should not be discouraged from reporting to their employer simply because no one

Due to a new decision by the Ontario Workplace Safety and Insurance Appeals Tribunal (the “WSIAT”), an employee in Ontario cannot sue his or her

If you are terminated by your employer and: [1] firstly, there is no “just cause” for your termination; and [2] secondly, you do not have

Just a reminder to all employers about the importance of continuing to comply with Ontario’s Accessibility for Ontarians with Disabilities Act (the “AODA”), which requires

Ontario’s Occupational Health and Safety Act imposes important obligations on employers regarding workplace (sexual) harassment. They are designed to enforce proactive measures for all workplaces

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

Employee A receives an intimate/personal image on her ‘phone from Employee B (of Employee B). A then forwards the image (i.e., shares it) with others,

Below is an excellent article recently done by Marnie Baizley and Sherifa Hadi, of the law firm SpringLaw, so much so that it should be

Very recently new regulations to Canada’s Cannabis Act were enacted, establishing new rules for the legal production and sale of new classes of marijuana; namely,

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

This employee returned from parental leave. When she did, the employer affirmed to her that she had to arrive at work at 8:30 a.m. Before

The date of the federal election is October 21, on which most employees are entitled to paid time off to vote [except only for employees

Sexual harassment in the workplace can justify an employee’s immediate and swift termination, for cause (i.e., no entitlement to any severance pay). While all sexual

Quitting is a normal part of any employment relationship.  Any employee contemplating doing so will have hopefully made the right decision without feeling the sting

Co-employees made complaints to their employer about a person “breathing heavily, making erratic movements and moving” in a bathroom stall in the unionized workplace. The

Employers may be confused and uncertain how legalized cannabis use impacts their workplace, including how they can monitor and regulate it. It is important to

Since September 8, 2016, Bill 132 substantially upgraded Ontario’s Occupational Health and Safety Act and employers’ obligations for workplace (sexual) harassment. These sweeping changes impose new, proactive

Your “job description” when you accept your employ may be more important than you realize.  When an employer changes or modifies an employee’s duties or

If a workplace complaint is made against you, for harassment for example, and you are suspended by your employer while it conducts an internal investigation,

Ultimately, employers do not need a reason to terminate an employee governed by Ontario law. They can do so “without cause” at any time, subject

HIRING A REPLACEMENT FOR AN EMPLOYEE ON A LEAVE OF ABSENCE:   If an accommodated employee is on a leave of absence stipulated by Ontario’s

Our Top 10 tips for hiring a new employee:  [1]      SIGNED EMPLOYMENT AGREEMENT/OFFER: Before the employee starts any work: ensure you have the employee’s properly

The emerging judicial trend in Ontario is to give more to long-service, advanced-age employees if they are wrongfully terminated.  The Courts are determining that “forced

Some employers use the so-called “rule of thumb” to make severance offers to employees terminated without notice.  Basically, one month severance pay for each completed year

“Constructive dismissal” is different from wrongful termination. If an employee leaves, usually it is by resignation. However, if the departure is due to an alleged

Long term disability benefit coverage (“LTD”) is a type of insurance that may be available to employees, often as part of a group benefit package

Generally, an employer cannot abruptly terminate an employee without notice (i.e., any severance) unless there is “just cause” to do so. If such cause is

Safety at work is a tricky subject for both employers and workers.  As either an worker or an employer, everyone has likely heard the golden

Protection to employees in Ontario from “genetic discrimination” by employers has officially arrived.    An increasing number of businesses offer individual genetic testing, which may,

There is an emerging trend in Ontario employment law – Courts are giving increasingly more reasonable notice, or pay in lieu, to advanced age, longer-service

Terminating an employment relationship should not be decided without planning and consideration of potential obligations (and liability). Liability for reasonable notice, or pay in lieu

Ontario’s Employment Standards Act, 2000, SO 2000, c. 41, governs most employees’ basic, statutory rights and entitlements for employment. Part VII.1 (section 21.2) contains the

In Ontario, a wrongfully dismissed employee with no employment contract specifying severance entitlement is entitled to damages at common law. These damages are commonly calculated

Overtime pay in Ontario is governed by Part VIII of the Employment Standards Act, 2000 (the “ESA”). In a nutshell……… Many employees in Ontario are

An employee who resigns, verbally or in writing, may ask to ‘take back’ his or her resignation. This creates an issue for the employer, of

Employers may be confused and uncertain how legalized cannabis use impacts their workplace, including how they can monitor and regulate it. It is important to

Ontario’s Occupational Health and Safety Act imposes important obligations on employers regarding workplace (sexual) harassment. They are designed to enforce proactive measures for all workplaces in Ontario – compliance

HARD LABOUR – BY JASON WARD AND WARDS LAWYERSPC REFERENCES BY FORMER EMPLOYERS – THEY CAN BE HONEST: Employers may be wary of giving references

HARD LABOUR – BY WARDSPC LAWYERS DID I JUST LEGALLY RESIGN FROM MY JOB? CAN I TAKE IT BACK? RESIGNATION FROM EMPLOYMENT – EXPLAINED AND

HARD LABOUR BY WARDSPC LAWYERS THE NEW RULES IN ONTARIO – WORKPLACE HARASSMENT COMPLIANCE TIPS Since September 8, 2016, Bill 132 substantially upgraded Ontarios Occupational

HARD LABOUR BY WARDSPC LAWYERS THE RULES IN ONTARIO – WORKPLACE VIOLENCE EMPLOYERS DUTY TO PROTECT EMPLOYEES EXPLAINED Protecting workers from workplace violence is an

HARD LABOUR BY WARDSPC LAWYERS ACCESSIBILITY – SMALL BUSINESSES MUST ALSO COMPLY WITH THESE NEW RULES AS OF JAN. 1, 2017 ACCESSIBILITY FOR ONTARIONS WITH

HARD LABOUR BY WARDSPC LAWYERS EMPLOYERS TERMINATING IN GOOD FAITH? PUNITIVE OR AGGRAVATED DAMAGES MAY NOT BE ORDERED EVEN THOUGH THE EMPLOYER MAINTAINS CAUSE FOR

HARD LABOUR BY WARDSPC LAWYERS BEING FORCED TO QUIT YOUR JOB AND YOUR ABILITY TO STILL CLAIM SEVERANCE PAY. CONSTRUCTIVE DISMISSAL – WHEN QUITTING IS

HARD LABOUR BY WARDSPC LAWYERS BAD FAITH BY EMPLOYERS WHEN TERMINATING AN EMPLOYEE TYPES OF MISBEHAVIOUR BY EMPLOYERS CAUSING HIGHER (PUNITIVE) DAMAGES FOR WRONGFUL TERMINATION

HARD LABOUR BY WARDSPC LAWYERS CHRISTMAS BONUSES AND HOLIDAY GIFTS BY EMPLOYERS ENROLLMENT IN THE JELLY-OF-THE-MONTH CLUB THIS YEAR? READ THIS BEFORE KIDNAPPING YOUR BOSS

HARD LABOUR BY WARDSPC LAWYERS HARASSMENT AND VIOLENCE IN THE WORKPLACE: WHEN THERE IS NO WITNESS CORROBORATION OF YOUR POSITION IS NOT REQUIRED FEAR OF

HARD LABOUR BY WARDSPC LAWYERS THERES NO APP FOR THAT – CALCULATING SEVERANCE PAY FOR WRONGFUL TERMINATION. BE WARY OF ONLINE TABLES AND TOOLS THEY

HARD LABOUR [BY WARDS PC LAWYERS] ENTITLEMENT TO SEVERANCE PAY IF YOU ARE TERMINATED WHEN, HOW AND WHY. WORKING NOTICE EXPLAINED AND THE IMPORTANCE OF

HARD LABOUR [BY WARDS PC LAWYERS] Employers and employees should enter written employment agreements. They define the employment relationship, the role of the employee, compensation

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

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

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

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

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

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

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,

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

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

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

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

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

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

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

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

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 employer negotiated with the employee for a new job. Key terms of the position were discussed in the interview, such as position, start date,

You use a mobile device paid for your employer. You use your employers desk top computer all day long. You may even use a lap

In Ontario, 2015 has introduced new law about bonuses when an employee is terminated, specifically: a)   if the employee is entitled to be paid bonus

In Ontario, employees are given protection for making a complaint about safety issues and conditions in the workplace. For example, the Occupational Health and Safety

The rules are changing for workplace violence and harassment. The Ontario government is re-prioritizing these issues, including imposing new duties and obligations on employers in

The case: Fredricks v. The BTS Network Inc. (HRTO 2015, No. 1597). Basic Facts: The employee was a bus driver, who made a complaint alleging

Employers – Remember there are upcoming deadlines for the new requirements imposed on your business and workplace under the Ontarians with Disabilities Act ("AODA"). These

Here are some additional tips for your workplace holiday party or event this year: Location and Driving:     consider holding the event off-site at a

New changes will be coming online in Ontario about sexual harassment and violence in workplaces. They are not yet in effect, but are expected to

It’s that time again – holiday party!!!!!!! With the fun comes the responsibility (and potential liability to employers). Benjamin T. Aberant and Shana Wolch, lawyers

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

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

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

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

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

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

Even a mistaken over payment by an employer – it should be unilaterally deducted by the employer against future pay owed to the employee or

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

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

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

"The Ontario Ministry of Finance released more information on the key features of the Ontario Retirement Pension Plan (ORPP) on August 11, 2015. By 2020,

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

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

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

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

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

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,

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

EMPLOYERS – Make sure you take care in your release form for the dismissed employee to sign. The new case: Hutton v. ARC Business Solutions

EMPLOYEES – Your employer may be required by law to make deductions against your pay, such as income tax, employment insurance premiums, Canada Pension Plan

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

Long weekends – loved by all, but what are my rights? The Employment Standards Act, 2000 of Ontario applies. What both employees and employers need

Do you have to appoint an external investigator to investigate a complaint in your workplace? No, not necessarily. Conducting an effective workplace investigation of an

Providing a discrimination-free workplace is very important. This recent case illustrates the importance of doing so: O.P.T. and M.P.T. v. Presteve Foods Ltd. and Jose Pratas