‘Saving Provisions’ Will Not Cure Your Deficient Termination Clause

Every year we analyze countless new cases where the courts have grappled with the enforceability or lack of enforceability in termination clauses. This is for good reason – an enforceable termination clause is likely the single-most important provision in an Employment Agreement. An enforceable termination clause that restricts an employee’s rights upon termination to the […]

Independent Contractor or Dependent Contractor – The Current State

The distinction between independent contractors and dependent contractors was further clarified in the Court of Appeal’s recent decision in Thurston v. Ontario (Children’s Lawyer). In this case, a lawyer performed services for the Defendant under a fixed term contract over a period of 13 years. Each contract that she signed required the Plaintiff to apply […]

Ontario Hockey League: Pay to play

By: Jordan Rodney & Miriam Anbar for The Lawyer’s Daily For most Canadians, hockey is in our blood. Employment laws and regulations? Not so much. Having said that, employment applies to almost all of us, from the CEO down to the student packing groceries part-time at your local store. So why are some employees’ rights […]

A Toxic Environment in Tinseltown

Written by: Arjun Dhir In the wake of a string of accusations ranging from assault and sexual harassment to rape, The Weinstein Company recently announced that it has fired its co-founder, Hollywood movie mogul Harvey Weinstein. Over the past three decades, Weinstein was one of Hollywood’s most powerful and influential executives, as his movies have […]

Did the Employee Quit? When a Resignation is actually a Termination.

Consider you have a disgruntled employee working for you and you suspect he wants to quit.  However, you are also prepared to terminate him.  One day, the employee verbally mentions to you that they might just get up and leave, so you tell them to go ahead. Three weeks later, a lawyer’s letter lands on […]

Pay Your Employees Before You Have to Pay Your Time

Recently, Brampton-based employer Peter David Sinisa Sesek was handed a jail sentence that is rarely seen, The Star reports. Sesek was sentenced to 30 days in jail and a $20,000 fine for failing to comply with an order to pay employees, something that rarely happens in Canada.  Back in 2015, Sesek had received an order […]

The Pitfalls of Unpaid Internships: What You Need to Know

With the summer months now upon us, many employers have brought on, or will look to hire summer interns. Some of these interns will be hired through a school program, where they fall under an exclusion outlined in section 3(5) of the Ontario Employment Standards Act, 2000 (ESA), specifically for students of a program approved by a […]

Fair Workplaces, Better Jobs: The Proposed Shake-up to Ontario Labour Laws

On May 30, 2017, The Ontario government announced a new, proposed, legislation, The Fair Workplaces, Better Jobs Act 2017. The proposal includes many amendments to the Employment Standards Act, 2000 (ESA) as well as changes to the Labour Relations Act, 1995 (LRA). It is important to keep in mind that these are all proposed changes […]

The Ugly Truth: Discriminatory Hiring Practices

Delta Staffing Services came under fire recently when they posted a job ad stating male employees would receive higher compensation than their female counterparts, CityNews reports. As well, for a similar posting, Delta noted they were preferably looking for those of Asian and European cultures. Pay equity (equal pay for male jobs and female jobs), […]

Marijuana in the Workplace: What does this mean for Employers?

Marijuana in the Workplace: What does this mean for Employers? The legalization of marijuana is on the horizon. What does this mean for Canadian employers? Employers should be aware that marijuana has a variety of impairment effects, including reduced reaction times, irritability, loss of focus, lethargy, disengagement with reality and poor decision making. On March […]