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When an employee is let go without cause, they are typically offered a severance package. Employers should always turn to the employment contract (if one exists) to determine what pay in lieu of notice should -
Employment contracts are not something that one should attempt to ‘try at home,’ or at least without professional knowledge and advice. Much like rewiring your own house, or trying that latest Tik Tok challenge, writing -
Job hunting is rarely easy. While some experts say that it may be easier to find a new job when you are currently working, either way the process can be a grind. With steep competition -
Workplace stress is not a new creation, but our awareness of the effects of workplace stress has changed significantly in recent years. We now recognize that severe stress caused by work can lead to significant -
In our most recent post, we started to unpack the idea of workplace investigations, and examined the legal requirements for investigations as well as when they might be necessary. In this part of our Under -
Managing employees can sometimes mean dealing with difficult and complex situations. For the most part employees are loyal and dedicated workers, who provide years of faithful service for an employer’s benefit. Most employees may never -
A key requirement under the Employment Standards Act, 2000 (“ESA”) is that employers with a payroll over $2.5M must provide “severance pay” to any employee with 5 or more years of service. Severance pay is -
As an employment lawyer, I cannot stress enough to my clients how important it is to seek qualified employment law advice. Not only does it help ensure that their decisions are compliant with best practices, -
The immediate closure of businesses last Spring left Ontario’s employers in a tight spot. The swift spread of COVID-19 led to the government taking quick action, enforcing stay-at-home orders that shuttered doors of shops, restaurants, -
The battle to bring paid sick leave to Ontario has been a long one. In 2017, Ontario’s Liberal government under then-Premeir Kathleen Wynne introduced Bill 148, also known as the Fair Workplaces, Better Jobs Act, -
No working relationship is perfect one hundred per cent of the time. Employees and management can have conflicting interests at times, and may even get into some verbal sparring when they disagree. Workplace conflict is -
A recent decision of the Ontario Superior Court of Justice addressed 2 interesting questions that sometimes arise in respect of employee terminations. The first question relates to the circumstances in which an employee’s service time -
There is a common misconception in employment law that an employee cannot be fired while they are pregnant, or on maternity leave. This is a popularly held belief that ranks alongside the commonly-held misconception that -
Buying and selling a business is not simply a transaction of bricks, mortar and goodwill. Employees of the business being sold are a significant part of the equation, but can present a unique and sometimes challenging -
Rarely does a decision from the Ontario Superior Court of Justice become the subject of not one, but two full-length pieces in the prestigious New York Times. Caplan v. Atas, 2021 ONSC 670, is a -
Right now there are no clear signs of the job market returning to its pre-COVID state in the near future. For nearly a year, the pandemic and its ensuing lockdowns have hit on both employers -
Rules intended to curb the spread of the coronavirus are polarizing opinions and attitudes, which can sometimes spill over into the workplace. A recent arbitration, Trillium Health Partners v CUPE Local 5180, is a fitting -
A sensible employer will consult an employment lawyer when faced with a workplace issue but the truly prudent one knows know the benefit of ongoing counsel. Small businesses often don’t anticipate the many situations that -
A recent judgment in a wrongful dismissal claim is a useful reminder for both employers and employees that refusing to accept a reasonable offer of employment will negate a wrongful dismissal claim. Hickey v. Christie -
The Supreme Court of Canada’s recent decision in Fraser v Canada deals with the effects of pension regulations on women employed by the RCMP and appears to expand the legal test for discrimination. Background RCMP members participate in a -
When the coronavirus forced a multitude of employees to work from home it may have been assumed that it would be a temporary change. But as we struggle through a second wave, it has become -
Having an impressive job title might be beneficial for your ego but what’s printed on your business card may not hold much sway in a severance dispute. In a recent decision, an Ontario Superior Court -
Winter will soon be upon us and when we’re locked in the grips of bitterly cold weather, many Canadians start contemplating a sandy beach in a warmer climate. But before you book your Jamaican holiday -
The Ontario Court of Appeal’s decision in Manthadi v. ASCO Manufacturing is a timely reminder to employers and lawyers about the possible consequences of a business sale and a lesson about the importance of employment -
The Ontario government has made a number of changes to the Employment Standards Act, 2000 in response to COVID-19 over the past few months. Understandably, many have found the changes to be confusing. In this -
Employers regulated by Ontario law have the right to terminate an employment relationship at any time, for reasons that are not discriminatory, by providing notice of termination, or pay in lieu of notice, and any -
Anticipating a second wave of the coronavirus later this year, Prime Minister Trudeau made headlines recently saying he wants employees to have 10 paid sick days every year. An employer’s obligation to provide sick time -
The Ontario government has published a new regulation under the Employment Standards Act, 2000 (“ESA”), which provides significant relief to non-unionized employers. With a stroke of the pen, the legislature has converted layoffs resulting from -
What safety precautions should be implemented to reduce the risk of COVID-19 transmission in the workplace? The exact COVID-19 transmission precautions required depend upon the likelihood of exposure in the workplace. To determine the risk,