When does hiring the “right person” for the job lead to potential discrimination?
When companies overlook an over-qualified visible minority for one that’s the “right fit", it can lead to potential discrimination.
Employee’s Length of Service Not Interrupted by Creative Use of “New” Corporate Structures
The Ontario Court of Appeal recently released a decision confirming that courts will not be fooled by different corporate structures when an employee has, in reality, been employed with the same employer for years.
Not Every Breach of Contract is Cause for Dismissal
Not every breach of an employment contract permits an employer to terminate the contract and dismiss the employee without notice. That is particularly true where the breach relates, effectively, to performance.
Hollywood in the Aftermath of the #MeToo Movement
It’s now 2019, and while Me Too is part of our vocabulary now, you may not hear it every day. But that doesn’t mean that it isn’t still making news.
Thanks But No Thanks: Can Employees of the Vendor Company Reject an Offer of Employment from a Purchaser?
There is a reason that corporate lawyers often ask for input from their employment law colleagues when a business is in the process of being sold. The issue of what happens to employees upon the sale of a company can be highly complex and depends on the nature of the sale.
Police Record Checks – New Law on Background Checks
On November 1, 2018, the process for conducting police record checks will change dramatically. On that date, the Police Record Checks Reform Act (the “Act”) comes into effect in Ontario, and it will impact how employers conduct police record checks…
Sale of Business and the Effect on Employees
If a business is sold and the new owner keeps the employees, have they entered into a new contract of employment? This is a question that we are asked all the time and the answer, as it often is, is that “it depends”. The primary factor in the analysis will be the nature of the sale; was it a share purchase or an asset purchase.
You Received Your Job Offer – Now What?
You have submitted your job application. Gone through the interview process. Waited eagerly to hear back from your potential employer. And now, you have finally received your job offer! Surely, you must be ecstatic, especially if it’s a job you really want. It will be very easy to simply accept the offer and move on with your life.So, now what?
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 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,…
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 Superior Court of Justice in Singer v Nordstrong Equipment Limited. In a decision that surprised many, Justice Diamond held that while it was clear that…
