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TOP 10 EMPLOYMENT LAW STORIES OF 2016

By , December 6, 2016 10:40 am

The last page has turned on the calendar for 2016 so it is time for my top 10 employment law stories for the year. 1. Sexual harassment. The fallout from the Jian Ghomeshi saga continues. An adjudicator under the Code awarded $ 150 000 in damages to an employee who had been sexually harassed/assaulted (Click Continue Reading…

The Number of Workplace Investigations are Skyrocketing: Here’s Why

By , November 22, 2016 9:24 am

There are different types of workplace investigations and the number of workplace investigations is skyrocketing. This blog discusses four scenarios where workplace investigations are required or recommended. To reduce legal exposure and save costs, I believe most employers should acquire the internal expertise to conduct workplace investigations Workplace Harassment Complaints Under the Ontario Health & Continue Reading…

Litigation Risk Associated with Employee Terminations

By , November 17, 2016 4:36 pm

Employment Contracts Eliminate Litigation Risk An employee and employer can agree on how much notice of termination the employer must provide the employee before the employment relationship commences. This agreement can be included in a termination clause in an employment contract. Litigation Risk Arises When Employees Are Entitled to Reasonable Notice of Termination Readers of Continue Reading…

Why Employers Are Finding It Increasingly Difficult to Comply with Ontario’s Employment Laws

By , November 8, 2016 9:20 am

Lawyers as Forest Rangers You can compare employment lawyers to forest rangers. We prevent legal fires when we, for example, draft employment contracts & legally required policies, and when we provide prophylactic advice such as pre-termination advice. We put out legal fires when we, for example, defend wrongful dismissal actions, human rights complaints, and claims Continue Reading…

Employer Alert: Ontario Judges Are Refusing to Enforce Employer Friendly Termination Clauses

By , October 24, 2016 5:36 pm

On October 18, 2016, I spoke to a room full of lawyers about the state of the law concerning the enforceability of termination clauses in employment contracts. In particular, I discussed termination clauses that attempt to limit an employee’s termination pay to the minimum notice of termination provided for under the Employment Standards Act (“ESA Continue Reading…

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