2018 Year in Review

Sex, Drugs and…Termination Clauses?

While 2017 brought about sweeping changes to the Employment Standards Act, 2000, 2018…brought about sweeping changes to the Employment Standards Act, 2000. While 2017 brought about employer panic and confusion over the legalization of cannabis, 2018… continued to do much the same. For yet another year, we were treated to several judicial assessments of the enforceability of termination clauses, and we continued to see the quantums of human rights and other damages increase. In a sense, everything old is new again.

Legal Influencer

Stuart Rudner recognised as Legal Influencer in Canadian HR Law by Lexology

Stuart has been recognised as the only Legal Influencer in Canadian HR Law in the first Lexology Awards, announced in October 2018.

Relying on a bespoke automated process to analyse Lexology data, the Lexology Awards reward those who produce great legal content for their subscribers. At the end of each quarter, individual authors are recognised as Legal Influencers, and law firms or contributors as Thought Leaders.

employee benefits

The Greater Benefit Prevails: USW, Local 2020 and Bristol Machine Works Ltd. (Bristol Machine)

In Ontario, the Employment Standards Act, 2000 (the “ESA”) governs an employee’s rights and entitlements…

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human resources

The Human Side of Human Resources

Those in “Human Resources” often suffer from an existential dilemma, unsure as to whether they should be seen as part of management, a representative of the workers, or something in between.
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bad employer rating

Can An Employer Do Anything About Negative Online Reviews?

What can an employer do about negative online reviews? What if they border on being defamatory?
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bonus entitlement

Bonus Payments During the Notice Period: Yay or Nay? The Court of Appeal Provides Clarity

Earlier this year, we took an in depth look at the decision of the Ontario…

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How To Help Prevent Workplace Harassment After #MeToo

Since the Ghomeshi scandal a few years back, our office has seen the number of sexual harassment cases increase substantially. That number has only risen since Harvey Weinstein and the #MeToo movement that followed it.
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Impaired Driving and Employment

Drinking and Driving May NOT be Cause for Dismissal

Previous court decisions have confirmed that an employee’s conduct outside of work may form the basis for the termination of their employment. However, not all misconduct outside of work will constitute just cause, as confirmed in the recent British Columbia Supreme Court case of Klonteig v. District of West Kelowna, 2018 BCSC 124.
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calculate statutory holiday pay

Ontario Going Retro on Statutory Holiday Pay

As readers will know, the Government of Ontario introduced a plethora of changes to its…

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World Day Safety and Health at Work

How To Help Keep Young Workers Safe In The Workplace

April 28th is World Day for Safety and Health at Work. This year’s theme is the safety and health of young workers, and the end of child labour. As spring approaches, many Canadian teens and young adults are searching for summer or part-time jobs. Such jobs help our youth gain the skills, experience, and independence they need to transition into adulthood. But these workers - ages 15 to 24 - are more vulnerable than adults to the occupational health and safety risks that result in injury, illness, and even death.
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health and safety complaint

When is a release effective to bar a safety-related complaint?

What happens when an employee who has raised health and safety concerns against its employer executes a release upon his or her termination? Can that employee still pursue a complaint against the employer?
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human rights complaint

Can A Release Bar An Employee’s Human Rights Complaint?

The question is whether an employer can protect itself from human rights complaints by having the dismissed employee sign a release?
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Return to Work

Is an employee on leave entitled to his or her pre-leave job when they return to work?

Employers are often challenged with return-to-work cases. It can be difficult for employers to balance…

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Work From Home Agreement

Looking To Revoke An Employee’s Work From Home Agreement?

These 5 Tips Will Help You Avoid A Constructive Dismissal Claim As technology advances, many…

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