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Published on: 30 Jul 2014 By

For Federally-Regulated Employers, Providing Termination and Severance Pay May Limit Liability for “Unjust Dismissal” Under the Canada Labour Code

Ending an employment relationship can be fraught with legal risk for employers. Ending an employment relationship can be fraught with legal risk for employers; this has been especially true for federally-regulated employers subject to the Canada Labour Code, R.S.C., 1985, c. L-2 (the “Code”)…

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Published on: 23 Jul 2014 By

Unions utilizing creative organizing strategies in the service sector

Employers should take note – Unions are using ever more creative means to engage potential members, especially in sectors with low rates of unionization. For example, the United Steelworkers are helping temporary foreign workers employed by a Tim Horton’s franchise in British Columbia …

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Published on: 11 Jul 2014 By ,

$2.5 Million Canadian Payroll Triggers ESA Severance Obligation

Until recently, I was confident that an Ontario employer would not owe severance pay under the Employment Standards Act, 2000 (the “ESA”), unless it met the $2.5 million Ontario payroll test. I am no longer so sure, following a surprising decision of Justice Kane of the Ontario Superior Cour…

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Published on: 7 Jul 2014 By

Be careful how you treat employees after advising that a fixed term contract will not be renewed

A recent Alberta decision may make employers reconsider how they give notice that a fixed term employment contract will not be renewed. Geoffrey Thompson was hired as the Regional President, Calgary of Cardel Homes Limited Partnership pursuant to a fixed term contract of 2 years from Septemb…

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Published on: 22 Jan 2014 By , ,

Proposed Ontario Bill will Impact Unpaid Wages and Temporary Hiring Agencies

Bill 146, entitled “Stronger Workplaces for a Stronger Economy Act,” was recently introduced into the Ontario Legislature by Yasir Naqvi, Minister of Labour for the governing Liberal party. Among other minor adjustments, the proposed changes would significantly increase employees’ ability to…

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Published on: 10 Dec 2013 By ,

Terminating Employees on Job-Protected Leaves: Can I do it?

I recently blogged about the Expanding World of Job-Protected Leaves. In short, over the course of the last 12 years, new job-protected leaves have been added to the Employment Standards Act, 2000 (the “ESA”) at an ever-increasing pace. Employers sometimes call me expressing concern about su…

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Published on: 14 Nov 2013 By

The Expanding World of Job-Protected Leaves: What’s Next?

Not too long ago, pregnancy and parental leaves were the only job-protected leaves under Ontario’s employment standards laws.1 Over the course of the last 12 years, new job-protected leaves have been added to the Employment Standards Act, 2000 (the “ESA”)2 at an ever-increasing pace: Persona…

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