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Category: Uncategorized

Employer Ordered to pay $ 425 000 of Wrongfully Terminated Employee’s Costs

By , February 27, 2017 1:00 pm

In many wrongful dismissal cases, the legal costs associated with taking a case to trial exceeds the value of the legal claim. That is why the vast majority of these cases settle before trial. Rolling the dice and taking a case to trial can have serious financial consequences. Doyle v. Zochem Incorporated Consider a recent Continue Reading…

Childbearing and Elderly Caring: How to respond to requests for family status accommodation

By , January 3, 2017 9:07 am

Because of changes in demographics and other reasons, employees are increasingly asking for changed work schedules or time off work to care for children and elderly parents. Depending on the size of the business and the employee’s duties these requests can create real problems. As a result, employers often ask us whether a request for Continue Reading…

The Cost of Not Conducting a Proper Workplace Investigation

By , September 14, 2016 10:20 am

There are many contexts in which an employer may have to conduct an investigation. For example, the Occupational Health & Safety Act now requires employers to have a written workplace harassment investigation procedure in place. The Ministry of Labour has taken the position that the person assigned to investigate workplace harassment complaints “must receive information Continue Reading…

The Enforceability of a Termination Clause: When a Hypothetical Situation Can Result in Real Damages

By , May 10, 2016 5:21 pm

In recent years, Ontario courts have been confronted with the question of whether termination clauses that may violate statutory minimum entitlements under the Employment Standards Act (“ESA”) at a future date are void. In Wright v The Young and Rubicam Group of Companies (“Wright”), an employee who was terminated after five years of service was Continue Reading…

Employee or Contractor? That is the $64000 Question

By , March 8, 2016 9:25 am

For over 25 years, clients have been asking me whether a person is an employee or a contractor in various legal contexts. When the Question Arises “A former contractor is pregnant and is claiming employment insurance maternity benefits and now Revenue Canada says I owe EI and CPP premiums on the compensation I paid her.” Continue Reading…

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