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
Ontario Court Finds Employee Was Wrongfully Dismissed (Not an Independent Contractor)
A thorny issue in the area of employment law involves determining whether a worker is an employee or an independent contractor. What's the big deal, you ask? Well, for employment lawyers in Ontario, this issue is often difficult to discern and massive consequences, for both workers themselves and
When Do I Need to Look for an Employment Lawyer in Ontario?
When Should I Consult with an Employment Lawyer? Whether you are an employee or employer in Ontario, there are several situations in which you may want to consider speaking with an experienced employment lawyer: 1) If you believe your employer has violated your employee rights: A leading
What is a Wrongful Dismissal in Ontario?
What is a Wrongful Dismissal? In Canada, a wrongful dismissal refers to an employer unlawfully terminating an employee’s employment without complying with its legal obligation under an employment contract. Contrary to a common misconception, what makes a dismissal “wrongful” is not the end of
What is a Constructive Dismissal in Ontario Employment Law?
What is a Constructive Dismissal in Ontario Employment Law? In Ontario, a constructive dismissal occurs when an employer makes a significant change to an employee's job terms of employment, working conditions or employment contract without the employee's consent. Specifically, the change to the
Unpaid Workplace Suspension – Is it a Constructive Dismissal in Ontario Employment Law?
As an employment lawyer, I have assisted many employees (and employers) where a dispute arose because of a company's decision to place an employee on a unpaid administrative suspension. Is it permissible for an employer to suspend an employee for administrative reasons without pay (such as to
What Should Employers Know about Recent Changes to the Canada Competition Act?
Earlier this year, Canada passed a new law that makes important amendments to the Competition Act. The Competition Act applies to all companies doing business across Canada, regardless of whether they are provincially regulated or federally regulated. Some of the most changes to the Competition
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,