Employee vs Independent Contractor In Ontario, both workers and businesses commonly confront a thorny question of whether their arrangement can be characterized as an independent contractor or employment relationship. Typically, this issue arises once the business relationship ends and the worker
Employment Contract “Saving Clause”: Not Always an Employer’s Saving Grace in Wrongful Dismissals
As employment lawyers in Ontario, we are regularly called upon to review employment contracts. Oftentimes, employment lawyers assisting with looking over an employment contract in the context of negotiating its terms (especially severance pay) before an employee begins their new job, while at other
Thinking of Changing an Employment Contract? Don’t Forget Changed Substratum
Employee Promotions, Changed Substratum and Constructive Dismissal In any workplace context, employers generally have a need to maintain flexibility in order adapt to changing circumstances, economic conditions and workforce. Shortly after the Canadian economy began to rebound from the COVID-19
Ontario Employer’ Bad Faith Conduct Results in Aggravated/Moral Damages
Misbehaving Employers Dinged with Significant Damages Award in Wrongful Dismissal Claim There has been a recent trend in wrongful dismissal cases that reflect a clear and resounding message to Ontario businesses: the courts will not tolerate any breach by an employer of its duty of good faith,
Unjustly Fired Employees Under Canadian Employment Law
In Canada, there are different federal and provincial laws that are applicable depending on the areas in which companies operate. For employees that work for a federally-regulated employer, such as a bank or telecommunications company, federal labor law found in the Canada Labour Code outlines what
Changing an Employee’s Employment Contract
What is an Employment Contract? A key feature of Ontario workplaces is an employment contract. When hiring new workers, employers can use employment contracts to set out the terms of the employment relationship, as well as clarify and establish the features of the employment relationship. For
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
Employee Rights in Ontario – Top 5 Facts Employers May Not Want You to Know
Top 5 Issues Employees Should Know Canadian employment law is vast and complicated enough to most employment lawyers, let alone the average employee without legal education and expertise. With various statutes creating the minimums (or "base floor") of employee rights, as well as employment