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Employer Alert: Employment Contracts May Need to Be Amended Because of a Recent Court of Appeal Decision

By , August 22, 2016 10:09 am

Bonus plans in employment contracts are a great way to motivate, reward and retain employees. Many of these bonus plans have built-in conditions that must be met before these bonuses are paid out. For example, an employee must be actively employed at the time the bonus is paid. Increasingly, the courts are being asked to Continue Reading…

Employer Alert: Report Discusses Possible Changes to Ontario’s Employment Standards Act

By , August 11, 2016 4:04 pm

On July 27, 2016 a report  concerning possible changes to the Employment Standards Act (the “ESA”) was released following extensive public consultations. This blog addresses 3 of the 50 or so issues that are raised in this report. Over 225 options to address these issues are contained in this report. 1.Who is an employee? For Continue Reading…

Investigating Workplace Harassment Complaints: Get Ready for Changes to the OHSA

By , July 26, 2016 7:20 am

“Bob is harassing me.” Your spidey senses should be tingling. Because some kind of investigation should be taking place soon. If not, consider what happened when an employee at CBC complained about Jian Ghomeshi and was ignored or when an employee at the TO2015 Pan American games complained about David Peterson and her complaint was Continue Reading…

Can I layoff an employee?

By , July 14, 2016 8:43 am

Ontario’s Employment Standards Act has a definition of a ‘temporary lay-off’ and provides when a “temporary lay-off” becomes a termination. Some of you may be surprised to learn that just because a layoff is defined as temporary by the Employment Standards Act, it can still amount to a constructive dismissal at law. One employer recently Continue Reading…

The Perils of Dismissing a Disabled Employee

By , July 12, 2016 1:08 pm

On June 30, 2016 the Ontario Court of Appeal (the “OCA”) released its decision in a case involving the dismissal of a disabled employee who earned about $ 22 000 per year. I wrote about the trial decision in April (see here for my blog post). The OCA increased the damages the employer was ordered Continue Reading…

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