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Category: Employment Standards

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…

OHSA in Wonderland: Through the Looking Glass

By , May 15, 2017 9:20 am

Section 50 of the Ontario Occupational Health & Safety Act (“ OHSA ”) prohibits an employer from disciplining an employee who has sought enforcement of this law. Guilty until Proven Innocent If an employee alleges a violation of section 50 of OHSA then the employer must prove there has been no violation. This is called 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…

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…

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