For Canadian workplaces that are federally-regulated under the Canada Labour Code, there will be new and revamped Workplace Harassment and Violence Prevention Regulations, which came into effect on January 1, 2021. This is a very important development of which both employers and employees should be
Termination of Employment for Federally Regulated Employees
In Ontario, most non-unionized employees are familiar with the Ontario Employment Standards Act, 2000 (ESA), which sets out the minimum rights of all employees in the workplace, including minimum wage, vacation pay, termination pay and severance pay. However, the ESA statute only applies to
Non-Compete Agreements in Ontario Employment Law
Non-competition agreements (or "non-competes”) have long been viewed as a great way for business owners to prohibit (or at least deter) former employees from taking confidential information, and using it to unfairly compete against it as a former employer. In Ontario, employment law generally
Age Discrimination – Employment Lawyer Ontario
Ontario Discrimination Law for Employees All employees in Ontario are protected from negative treatment by their employers by human rights law (i.e., discrimination). Depending on the type of company they work for, they are protected by a separate form of human rights law: Human Rights Code
Duty to Mitigate Wrongful Dismissal Damages in Severance Packages – Toronto Employment Lawyer
An Employee's Duty to Mitigate in Severance Packages The Basics - The Duty to Mitigate Refers to an Employee's Legal Obligations after Losing Their Job Before delving into the topic of an employee's duty to mitigate financial losses they suffer after losing their job, it is important to understand
Can Employers Require Employees to Get a Covid-19 Vaccine, or Risk Being Fired from their Job?
Can Employers Require Employees to Get a COVID-19 Vaccine? In the last few weeks, several pharmaceutical companies have announced encouraging rates of effectiveness in various types of COVID-19 vaccines. Naturally, the world remains hopeful and, at the same time, expects to receive an approved
Employees Looking for Employment Lawyer or Ministry of Labour – Which Route to Choose?
Should I be Looking for an Employment Lawyer, or use the Ministry of Labour Process? When an employee's job is terminated, a common question employment lawyers are asked is: "Should I hire an employment lawyer to help with my dismissal, or get help from the Ministry of Labour?" As always, the
Employment Contract Termination Clauses – The Stare Decisis Rule and the Waksdale Case
In an earlier blog post, we covered the Ontario Court of Appeal significant decision called Waksdale v. Swegon North America ("Waksdale"). In this case, the court effectively wiped out the legal validity of many employment contracts across Ontario. What is the Waksdale Case All About? In Waksdale,