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Category: Employment Standards Act

Is An Employee Ever Required to Accept a Demotion?

By , May 19, 2017 11:58 am

Sometimes, as part of a restructuring, an employer will eliminate some positions and offer the displaced employees new positions. Are displaced employees required to accept a demotion or a pay cut? In a recent decision, the Ontario Court of Appeal tackled the question of whether an employee was required to mitigate his losses by accepting Continue Reading…

Employer Obligations: Pregnancy and Parental Leaves

By , May 1, 2017 2:10 pm

We often get calls from employers asking about their rights and obligations toward employees seeking pregnancy and parental leaves. Applicable Legislation About 90% of employees are provincially regulated and in Ontario the Employment Standards Act (the “ESA”) is the governing legislation. For more information about the ESA, click here. Federally regulated employers such as banks, Continue Reading…

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…

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…

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…

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