When is an investigation “appropriate in the circumstances”?
Every investigator has had one of “those” files. Allegations are abundant, historical, and/or about things like “he walked past me once without speaking to me.” Can an investigator refuse to look into allegations if they are ancient? What if they wouldn’t constitute harassment even if they c…Continue reading the post titled When is an investigation “appropriate in the circumstances”?
Are employees “off-ramping” from your organization?
When employees experience personal trauma, challenging transitions in the workplace, difficult relationships with managers, etc., some of them will choose to “off-ramp,” a term referring to those who voluntarily resign or reduce their working hours. Many employers will be familiar with an em…Continue reading the post titled Are employees “off-ramping” from your organization?
Employment law: 2019 year in review
Another year is winding to an end – which, of course, means that it’s time to reflect on the legal developments that we have seen in Ontario during the year. In this blog, I will present my non-exhaustive list of the most interesting developments to employment law in Ontario in 2019. Termina…Continue reading the post titled Employment law: 2019 year in review
Public holiday pay: Is your absent employee entitled to it?
Section 26 of Ontario’s Employment Standards Act, 2000 (“ESA”) outlines an employer’s compensation obligation towards their employees when a public holiday falls on a regular work day. In order to be entitled to public holiday pay, the employee must pass the “Last and First Rule” – which req…Continue reading the post titled Public holiday pay: Is your absent employee entitled to it?
Under suspicion: Top 10 tips for conducting a workplace investigation
Workplace investigations are an important process in any workplace. In some cases they are required by legislation and in others they are just good practice. Before conducting your own internal workplace investigation, be sure you have considered all of the points below. 1. Pick an investiga…Continue reading the post titled Under suspicion: Top 10 tips for conducting a workplace investigation
Can employers ask job-applicants if they are eligible to work in Canada on a “permanent basis”? That’s the $120k question.
As a part of their job-application process, many employers ask applicants a question about the applicant’s ability or eligibility to work in Canada. Depending on the exact wording of that question, it may violate the Human Rights Code (the “Code”). Such a violation could be costly. In 2018, …Continue reading the post titled Can employers ask job-applicants if they are eligible to work in Canada on a “permanent basis”? That’s the $120k question.
Court: Illegality of “for cause” termination provision in employment agreement does not taint distinct “without cause” termination provision
An Ontario summary judgment decision released October 3, 2019 has confirmed that an enforceable “without cause” termination clause is not unenforceable on the sole basis that, elsewhere in the employment contract, the “for cause” termination clause violates the Employment Standards Act, 2000…Continue reading the post titled Court: Illegality of “for cause” termination provision in employment agreement does not taint distinct “without cause” termination provision
Ontario court: purchaser in asset transaction cannot rely on release between employee and seller
“Privity of contract” is a common law tradition. The rights and obligations imposed by contracts are private – strangers to the contract generally have no entitlement to enforce such rights or obligations. But what happens when the employee of the seller of a business sues the buyer for wron…Continue reading the post titled Ontario court: purchaser in asset transaction cannot rely on release between employee and seller
Risky business: Alleging cause if you don’t have it
So you have a problem employee that you want to terminate. Your employment lawyer reminds you that you would owe nothing to the employee in a “for cause” termination, but that it’s unlikely that you could prove cause in the circumstances. She then goes on to assess your common law reasonable…Continue reading the post titled Risky business: Alleging cause if you don’t have it
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 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 compla…Continue reading the post titled Beyond “9 to 5”: Understanding Ontario’s overtime rules