In Ontario, the Employment Standards Act, 2000 (the “ESA”) governs an employee’s rights and entitlements across many areas of the employment relationship, from minimum wage to maximum hours of work and all the way to an employee’s entitlements to notice,…
As readers will know, the Government of Ontario introduced a plethora of changes to its workplace legislation in Bill 148. Rudner Law summarized the changes in this post and also prepared a more fulsome description in this downloaded e-book. One…
Employers are often challenged with return-to-work cases. It can be difficult for employers to balance their right to a productive workplace with a worker’s fundamental right to equality. So what happens when - during an employee’s leave - the temporary…
“Severance” is a word that is thrown around quite haphazardly by employees and employers alike. Have you ever heard someone refer to a package offered to a departing employee as a “severance package”? Or perhaps you know a friend or…
The Court of Appeal of Ontario revisits termination clauses Over the last few years, we have seen a lot of see-sawing in the courts when it comes to the enforceability of termination clauses in employment agreements. In some recent cases,…
The Ontario Court of Appeal has confirmed that in certain circumstances, it is reasonable for an employer to demand an Independent Medical Examination (“IME”) to determine whether an employee needs accommodation and if so, how. In August 2017, the Court…
Just because you call yourself a contractor, or you treat your worker as one, does not make it so. As one of my Canadian HR Law blog posts discusses, even if both parties choose to define the relationship as one…
Farah v EODC Inc. Will a termination clause be enforceable or will it be thrown out by the courts? Some readers will have reached the conclusion that this is simply a rule of the dice, and in some respects, they…
