519 672 2121
519 672 2121
Close mobile menu
Published on: 19 Sep 2019 By

Beyond “9 to 5”: Understanding Ontario’s Overtime Rules

Aside from some “tweaks”, not much has changed when it comes to the Ontario’s overtime rules[1] in many years.  Why then do I see so much employer non-compliance?  Are employers unaware of their overtime rights and responsibilities?  Or do they simply choose not to comply and hope no one com…

Continue reading the post titled Beyond “9 to 5”: Understanding Ontario’s Overtime Rules
Published on: 9 Sep 2019 By

Termination Clause Update: The Unclear Impact of Andros v. Colliers Macaulay Nicolls Inc., 2019 ONCA 679

I have previously discussed the enforceability of termination clauses in former blog posts, available here and here. In short, a long history of inconsistent and amorphous case law has created significant uncertainty among lawyers attempting to advise their clients about whether a given term…

Continue reading the post titled Termination Clause Update: The Unclear Impact of Andros v. Colliers Macaulay Nicolls Inc., 2019 ONCA 679
Published on: 30 Aug 2019 By

What can you ask for in a medical certificate?

Many employers have often had the experience of receiving a vague doctor’s note from an employee that reads something along the lines of, “this individual is unable to work for X weeks”. Employers are left wondering: Why? Can I be sure this is legitimate? Is the employee likely to return aft…

Continue reading the post titled What can you ask for in a medical certificate?
Published on: 20 Aug 2019 By

We (do not?) have a deal: Mutual agreement on essential terms will make settlement binding

Consider the following scenario. A business gives advance written notice of termination to one of its employees. At the same time, the business delivers to the employee a letter offering a termination package (i.e., a settlement agreement) that exceeds the employee’s minimum entitlements und…

Continue reading the post titled We (do not?) have a deal: Mutual agreement on essential terms will make settlement binding
Published on: 1 Aug 2019 By

Truth or Lies: Providing Employment References

Are you one of the growing numbers of Canadian employers who are reluctant to provide employment references for former employees?  Concerned you are going to be sued by a former employee for defamation if your reference is not positive enough?  Concerned that you are going to be sued for mis…

Continue reading the post titled Truth or Lies: Providing Employment References
Published on: 23 Jul 2019 By

Can an Employee Declare Frustration of the Employment Contract?

More often than not, the employer asserts frustration of the employment contract when an employee is absent on a lengthy medical leave and there is little prospect of a return to work in the foreseeable future.  Employers often want to get these employees “off the books”, even though it mean…

Continue reading the post titled Can an Employee Declare Frustration of the Employment Contract?
Published on: 31 May 2019 By

Not-so-breaking news: You may not contract out of the Employment Standards Act, 2000

In a previous blog, I discussed recent cases discussing the enforceability of termination clauses in employment agreements. In Ariss v. NORR Limited Architects & Engineers, 2019 ONCA 449, a Court of Appeal decision released on May 30, 2019, the Court confirmed that employees and employe…

Continue reading the post titled Not-so-breaking news: You may not contract out of the Employment Standards Act, 2000
Published on: 14 May 2019 By

How do the Mass Termination Provisions of Ontario’s Employment Standards Act, 2000, work?

In Ontario, the Employment Standards Act, 2000 (“ESA”), provides for certain rules when an employer terminates at least 50 or more employees in one of its establishments within a 4 week timeframe. In such a situation, the ESA requires that the employer: Provide a more generous provision of n…

Continue reading the post titled How do the Mass Termination Provisions of Ontario’s Employment Standards Act, 2000, work?
Published on: 9 Apr 2019 By

Bill 66 Changes: Is “less pay for overtime” an accurate headline?

You may have seen this headline last week, and wondered how it will affect your organization. The answer is likely either “not at all” or “not much”. Prior to the passage of Bill 66, the Restoring Ontario’s Competitiveness Act, 2019, approval from the Director of Employment Standards was req…

Continue reading the post titled Bill 66 Changes: Is “less pay for overtime” an accurate headline?