As a result of the much blogged about changes made to the Employment Standards Act, 2000 (the “ESA”), which …
Top 10 Employment Law Cases of 2017
Here is a list of the cases which changed employment law in Canada in 2017 (in no particular order). Note …
Punitive Damages at the Small Claims Court for Improper Just Cause Allegations
Two recent Small Claims Court cases demonstrate the courts’ willingness to sanction employers for improper just cause allegations. These cases …
Top 5 Mistakes Employers Make in their Contracts
It offends the Employment Standards Act Section 5 of the Employment Standards Act (“ESA”) prohibits employers from waiving or contracting …
What Happens if Employer Fails to Issue ROE on Time?
What happens if an employer fails to provide a timely Record of Employment (“ROE”) for departing employees? Practically, delaying the …
The Word “Probation” is Enough to Oust the Right to Common Law Reasonable Notice
Employers generally owe their employees common law reasonable notice upon termination without cause. However, if the parties agree to a …
Wrongful Dismissal: When is Mitigation Income Deductible?
Introduction The Ontario Court of Appeal, in Brake v. PJ-M2R Restaurant Inc., 2017 ONCA 402 (CanLII), recently clarified the law …
How to terminate an employee who has been charged with a criminal offense
The laying of a criminal charge alone does not constitute just cause (i.e. dismissal without notice) in every instance. In …
When is video evidence permitted at a labour arbitration?
A case from 2006 (Canadian Union Of Public Employees, Local 27 V. Greater Essex County District School Board (Postma) (Hunter, …
Are employees of a marijuana dispensary protected by employment standards?
With news almost every week of another marijuana dispensary raided by the police, Ontarian’s have asked, can the Ministry of Labour …