Category: Employment Standards

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…

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…

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…

Is your employment contract enforceable?

By , June 9, 2016 4:11 pm

We’ve written before on the importance of termination clauses in employment contracts. A recent case from the Ontario Superior Court of Justice is a good example of not only including a termination clause in an employment contract, but ensuring that it abides by minimum standards set out by the law. Carpenter v Brains II, Canada Inc. Continue Reading…

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