The dust has settled post-pandemic and employees are out of sorts. Turnover is high across all industries as people regroup and sort through what they want out of their careers.
We regularly hear about employees resisting commuting, moving on quicker than ever when the job gets difficult, and when regular feedback gets uncomfortable.Continue Reading Exiting Employees on a Disability Leave
Nobody wants to receive a paycheque that’s smaller than they were expecting, but sometimes, wage deductions are necessary. So, when can an employer make deductions from an employee’s wages? In Ontario, the Employment Standards Act, 2000 (ESA) provides guidelines regarding what deductions are permissible, in order to protect employees and their earnings.
Employers are generally
During 2023, we saw the Ontario Court of Appeal uphold two decisions awarding notice periods beyond what was believed to be the “24-month cap” at 27 and 30 months respectively.
In another recent Ontario decision, the Court awarded 5.5 months of pay in lieu of notice to an employee with only 5 months of service prior to dismissal, which is significantly higher than the “one month per year” rule of thumb. These decisions create uncertainty for employers given the wide range of potential liability arising from wrongful dismissal claims. Fortunately, there are proactive measures employers can take to avoid this liability. Continue Reading Uncertainty on Both Ends of the Common Law Notice Spectrum
When bringing people in to work with your business, the distinction between an “employee” and an “independent contractor” is not just an administrative detail; it carries significant legal implications, particularly in the realms of tax and employment law.
If a court, the Ministry of Labour, or the Canada Revenue Agency (CRA) finds a worker has been “mischaracterized” by being treated as an independent contractor when they are an employee, this can have serious and expensive implications. Continue Reading Navigating the Legal Distinction: Employee vs. Independent Contractor Relationships
There has been no shortage of high-profile workplace investigations and discussions surrounding the outcome of those investigations in the news over the past year. But what happens when you’re no longer reading about the investigation in the news and you’re suddenly at the center of one in your workplace?
Whether you’re an employer who is
As we start a new year, it’s one of the most common times for an employer to review its structure, payroll, and overall organizational needs. While it’s no secret that many companies are doing mass terminations right now, a delicate trend that we are also seeing is mass terminations while simultaneously hiring new employees.
This
As employment lawyers, we all have times when we wish our employer-side clients had come to us for advice before making certain decisions. There’s a lot that can be done to protect an employer who seeks assistance early in the process – especially if it involves a termination. Costs can be reduced, risks can be mitigated, and whole potential areas for future disputes can be eliminated entirely with careful consideration and planning.
The result of failing to get proper employment law advice can be catastrophic. Not only can it be exceedingly expensive, but the reputational damage for an organization can be profound. And if you’re an employer who has made some mistakes in the process – do not double down on those errors by adopting unreasonable and ill-supported litigation strategies. The patience of Canadian courts has worn thin and there appears to be an increased willingness to award moral and punitive damages, as well as substantial cost awards, when finding that employers have behaved badly. 2023 has produced some truly prodigious decisions on this front. Here are my top three 2023 cases in which employers f***ed around and found out.Continue Reading Bad Employer Conduct – 2023’s Top 3 Most Scathing Canadian Employment Law Decisions
Are employers required to accommodate an employee at Christmas?
If an employee requests December 25 off for “family time” or religious events, are those protected grounds under Canadian human rights law? This arises in industries that stay open 365 days a year, such as hospitals, public transit, variety stores, movie theatres and some restaurants.
For
The English magician Tony Corinda once said: “Good timing is invisible. Bad timing sticks out a mile”. As employment lawyers, we talk a lot about the “why”, “what” and definitely the “how much” of terminating an employee, but the “when” is a sometimes overlooked aspect.
Some termination timing issues are a question of best practice or common courtesy, while others can attract significant legal liability and can be costly for employers. An employee who is being terminated may not recognize an employer’s considerate timing, but they will certainly recognize inconsiderate timing, and this will make everything go a lot less smoothly. Continue Reading It’s All in the Timing: The Best and Worst Times to Terminate Employees
On October 26, 2023, the Working for Workers Act, 2023(the “Act”), the Ontario government’s third iteration of this legislation aimed at protecting workers, received Royal Assent and came into force. The Act introduces amendments to several employment-related statutes, impacting employers across the province. Below are some of the most relevant amendments.
Mass Terminations Under the ESA:
One of the most notable changes introduced by the Act is the expansion of the definition of an employer’s “establishment” under the Employment Standards Act, 2000 (“ESA”). This expansion now includes the private residences of employees who work from home. As a result, employers must take these employees into account when assessing mass terminations. Mass terminations occur when 50 or more employees are terminated within the employer’s “establishment” in a four-week period.Continue Reading Ontario’s Working for Workers Act, 2023: Key Changes Affecting Employers