Employment Standards
Employment Law Review

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.
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Uber Employee Or Contractor

Going Dutch No Longer: The Court of Appeal Weighs in on Uber’s Arbitration Clause

The question of independent contractor versus employee has been a hot topic in the world of employment law for years now, and one that frequently makes news outside of legal circles. In a post for Canadian HR Reporter last year, we looked at the case of a Domino’s Pizza driver who gained publicity when the Ministry of Labour accepted his complaint, and determined that he was actually an employee and not an independent contractor. That driver was issued back pay to partially compensate for the misclassification.
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No Smoking In The Workplace

Signs Regarding No Smoking in the Workplace

Amidst all of the discussion surrounding cannabis in the workplace, many employers may have missed the obligation to post signs in the workplace relating to prohibitions on smoking and vaping. The Smoke-Free Ontario Act, 2017 requires that employers and proprietors…

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Eating At Work For Time Off

Enforcing Employment Standards Act is not a constructive dismissal

It is not unusual to hear about workers that work through their lunch break in order to leave early and have a condensed work day, or to store up the extra time and be able to leave early on Friday, thereby creating a condensed work week. While this might sound good in theory, the problem is that it is a breach of employment standards legislation. And that exposes the employer to liability.
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Personal Emergency Leave in Ontario

Prior to January 1st, 2018, employers with 50 or more employees were obligated to provide employees with ten unpaid “Personal Emergency” days. Bill 148 eliminated the 50 employee threshold, and introduced a new requirement that the first two days of the ten-day entitlement be paid.
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