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
How do I Know if I am an Employee or Independent Contractor in Ontario?
Court Decision Confirms that Employment Relationships are Based on the Facts of Each Case As an employment lawyers, I am often asked to help determine whether an individual is an “employee” or “independent contractor.” This distinction is very important for employers as the consequences of
Can Short-Service Employees Get Large Severance Packages?
Severance Package for Short Service Employees in Ontario It is well known that, under common law, an employee whose job is terminated without cause must be given either prior reasonable notice of termination, or pay in lieu of notice ("severance pay"). Determining precisely how much severance
Difficulties with Employment Contract Termination Clauses – Ontario Employment Lawyer
It is typical in any wrongful dismissal claim for an employee to challenge a termination clause relied on by an employer in an employment contract as illegal and unenforceable. If they succeed, the employee would likely be entitled to significantly more financial compensation as part of a severance
Ontario Human Rights Complaints – HRTO or Union Grievance
In a recent decision, the Human Rights Tribunal of Ontario (HRTO) held that it has concurrent jurisdiction to resolve complaints of discrimination and harassment that arise in a unionized workplace, even if they otherwise fall within the scope of a collective bargaining agreement ("CBA") governed by
Short-Service Employee Entitled to Long Notice Period – Severance Packages
We previously wrote about a recent case called Pavlov v. The New Zealand and Australian Lamb Company Limited, where an Ontario court awarded a relatively short-service employee significant damages for wrongful dismissal following his unlawful termination of employment. This was an important
Long-term Disability Disputes – What Employees in Ontario Should Know
When Should I Speak with an Employment Lawyer about a Long-Term Disability Dispute? Sometimes, employees experience a medical condition that forces them to take a long medical leave of absence as a result of an injury or illness, which naturally causes significant concern and financial hardship. In
What Ontario Should Know Employers Electronic Monitoring Policies
One of the outcomes of the COVID-19 pandemic was the accelerated trend toward remote working arrangements, where many employees work exclusively (or partly from home). This has led to a sea change in the labour landscape and employees' rights and responsibilities, where most companies' policies (and