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
What’s the Purpose of a Probation Period in an Employment Agreement?
Probation Periods in Employment Agreements As an employment lawyer, I regularly assist employees across Ontario in reviewing and negotiating employment agreements (sometimes called "employment contracts"), including when it comes to a probation period. One of the best decisions any employee can
To Be, or Not to Be? Should I be an Independent Contractor, or an Employee?
What's the Difference between an Employee and Independent Contractor? As an employment lawyer, I have been asked to assist many individuals who (I believe) were improperly classified by their employer as an "independent contractor". As is the case more often than not, most of these individuals are
How Much Severance Pay Should I Get if I’m Fired from My Job?
What Should I do if I'm Wrongfully Dismissed and Lose My Job? Most employees are unsure of what to do when their company terminates their employment. The prospect of not having a job or stable income is traumatic enough as it is. Yet, to complicate matters, most employers force employees to quickly
As an Employer, Do I Need an Employment Contract?
Let's say you are operating a small business or mid-size employer in Ontario and currently recruiting for a new position in your company. Let's also say that, after spending dozens of hours (and plenty of money) on recruiters to find just the right fit (including posting job ads on websites like