Terminations

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Navigating Terminations and Severance Pay in Ontario’s Farming Sector

The farming sector in Ontario is unique in many ways, and employment laws reflect that. One area of concern for both farm owners and workers is how terminations and severance pay are handled under the Employment Standards Act, 2000 (“ESA”).

What Does the Farming Exemption Cover?

The farming exemption, as outlined in Ontario Regulation 285/01 under section 2(2), excludes farm workers from certain ESA provisions such as hours of work and overtime pay. These exemptions are designed to reflect the unique demands of agricultural work, which can be highly seasonal and subject to the unpredictability of weather and harvest cycles. However, these exemptions have their limits. Continue Reading Thinning the Herd: Terminations and Severance for Ontario Farms

Franchise businesses come with their own unique blend of benefits and challenges, but a rarely discussed area is the intersection of franchise law with employment law. Continue Reading Hidden Employment Liabilities for Franchisors: What You Need to Know in Ontario

With Halloween officially behind us, it’s time to pitch the pumpkins, finish up that leftover candy, and pack up the spiderweb decor for another year.

But beyond leftover treats and lingering decor are there any ghosts and goblins lurking that might keep things a little too spooky during the upcoming holiday season? By proactively addressing some key issues in the workplace employers are in a much better position to keep spooky season where it belongs and focus instead on the bright times of the upcoming holiday season. Continue Reading Keeping Spooky Season Where it Belongs: Essential Tips for a Smooth Holiday Season

Many employers in Ontario are becoming aware, whether through news articles, or painful and costly first-hand experiences, that employees can be owed significant entitlements upon termination.

As we have explored in more detail in our previous blog posts, employers may owe terminated employees much more than was promised in the employment contract if a court determines that the contract’s termination clause isn’t legal. Continue Reading Please Come Back! Strategies for Navigating Termination Demands

Let’s say someone has applied for a job at your business, and the best way for you to assess their suitability for the job is not through reading their resume or conducting an interview, but by observing them while they actually do the job they have applied for.

So, you ask them to come in for one or two “trial shifts”, in lieu of an interview, to see if they’re a good fit. 

Does this “trial period” count as work, and does the candidate need to be paid? Recent changes to the Ontario Employment Standards Act, 2000 (“ESA”) say yes. It’s true what they say: nothing in life is free. Continue Reading No Free Trials: Ontario Employees Need to be Paid for Trial Periods 

Our clients ask us this all the time. They’ve usually already thought about it for weeks/months/years, but never know if and when to do it. I’ve yet to meet an employer who loves terminating employees – it’s hard, painful, disruptive and most feel bad about it overall.Continue Reading Aggravating and Mitigating Sentencing Factors in OHSA Convictions

Our clients ask us this all the time. They’ve usually already thought about it for weeks/months/years, but never know if and when to do it. I’ve yet to meet an employer who loves terminating employees – it’s hard, painful, disruptive and most feel bad about it overall.Continue Reading When is it Time to Fire an Employee

In the world of employment law, terminations tend to steal the spotlight. But what about when the employee is the one ending the employment relationship?

Here is an overview of the law of resignation, and what employers need to know when they receive an employee’s “two weeks’ notice”. Continue Reading Employee Resignations: The Basics

Mitigation issues can save an employer months of termination pay and/or gut your termination case, depending on whether you are the employer or employee in a dispute.

But what exactly is mitigation? This post sets out the basics.

What is Mitigation?

In Canadian employment law, mitigation refers to the legal obligation of an employee who…