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Employer Alert: What to Do When the Ministry of Labour (MOL) Comes Calling

By , April 18, 2017 11:25 am

We often get calls from employers who are the subject of a Ministry of Labour (“MOL”) Inspection. Sometimes the employer is a target of one of the MOL’s pro-active enforcement blitzes. For information on the MOL’s 2017-2018 blitzes, click here. And sometimes an employee has called the MOL and lodged a complaint and an investigator Continue Reading…

An update on mitigation: What happens when a wrongful dismissal case gets to court while the employee is still unemployed?

By , April 3, 2017 8:42 am

The Basics A wrongful dismissal occurs when an employer does not provide enough notice of termination. An employee can claim damages equal to the remuneration the employee would have earned during the applicable notice period. During the notice period, an employee is subject to the “duty to mitigate,” which means they must look for alternative Continue Reading…

Preparing an Employee Severance Package: Five Reasons to Hire A Lawyer

By , March 31, 2017 1:29 pm

A lawyer can explain your obligations under the Employment Standards Act. Did you know there are employees who are not entitled to vacation pay, overtime pay, termination pay and severance pay under this law? For employees who do not work a regular work week did you know there is a formula to determine how to Continue Reading…

You Think your Employee May have a Mental Illness that is causing Performance Issues. What do you do?

By , March 27, 2017 6:40 pm

One of your employees has been missing a lot of work lately and has also been unusually emotionally erratic. In addition to the attendance and behavioural issues there have been performance issues that you want to address. You suspect the person may have a mental illness. What do you do? The Duty to Inquire This Continue Reading…

Employer ordered to pay An Employee $ 100 000 for committing the Tort of Harassment

By , March 13, 2017 9:41 am

On a number of occasions I have written about the new types of damages that judges are awarding terminated employees. This blog discusses a case where a trial judge awarded an employee $ 100 000 general damages because the employer committed, among other things, the tort of harassment. Merrifield v The Attorney General There are Continue Reading…

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