What We Do
The MacLeod Law Firm advises and represents private and public sector employers of all sizes including non-profit organizations. Our motto, “All We Do is WORK,” means that our lawyers only practice workplace law. This includes employment law, labour law and human rights law.
What To Expect
Because we are competent, we can respond to questions and provide advice quickly. We understand you want to get your legal question answered as fast as possible so you can focus on business priorities.
Since we provide our cell phone numbers to clients and we answer our phones directly, we are very accessible.
We explain your legal rights in plain English and provide you with advice that makes business sense. We take your risk tolerance into account when providing this advice.
We only practice workplace law and our firm has been acknowledged by our legal peers and by the human resources community as being one of the top labour and employment law firms in Canada.
Services
Employee Terminations & Severance Packages
Employment Contracts
Human Resource Policies
Human Rights
Employee Terminations & Severance Packages
Employee Termination
For over 25 years, we have been advising employers in connection with employee terminations.
We understand that terminating the employment of a colleague can be one of the most difficult decisions that a manager will ever make.
The best way to minimize the time and cost associated with an employee termination is to include a well-crafted termination clause in an employment contract.
Severance Packages
Once a client has decided to terminate an employee, we discuss and prepare a severance package.
Here are some questions we discuss with our clients before preparing a severance package:
Employment Contracts
Employment Contracts
Well crafted employment contracts are the best investment you can make when hiring employees.
Once you understand the benefits of employment contracts, we think that you will insist that all new employees sign one.
Employment contracts need not be intimidating documents. We recommend that the contract take the form of a written offer of employment as opposed to a formal employment contract that is written in legalese. Once the employee signs the offer then it generally becomes a legally binding contract.
We recommend that the offer letter
There is no one size fits all when it comes to employment contracts.
Some employers have a policy manual which sets out certain terms and conditions of employment. Other employers have stand-alone policies that set out certain terms and conditions of employment. Regardless of the current state of an organization’s human resources policies, a properly drafted employment contract can bring together all of the terms and conditions of employment into one document.
One of the main benefits of using employment contracts is that it can significantly reduce the time, cost and uncertainty associated with employee terminations.
Human Resource Policies
For over 25 years, we have been reviewing and preparing human resource policies for our clients.
We advise employers on their obligations to implement mandatory human resource policies.
We recommend that employers implement human resource policies that are not required by law:
For example, we suggest that most employers implement, among other policies, a human rights policy, and a drug & alcohol policy.
We review and comment on existing and proposed human resource policies:
We draft human resource policies on behalf of employers:
Human Rights
The Ontario Human Rights Code
For over 25 years, we have been advising employers on human rights issues.
Employees can file a free online complaint under the Ontario Human Rights Code and each person who files a complaint has the right to go to a hearing. The Human Rights Tribunal of Ontario has the jurisdiction to award unlimited damages for a violation of the Code. Damage awards are increasing and we believe that these awards will continue to increase. If the employee’s complaint is thrown out the Tribunal will not order the employee to pay the employer’s legal costs.
Although not required by law, we recommend that most employers implement a written human rights policy that includes a written complaint procedure.
We advise employers on their obligations under the Human Rights Code in connection with disabled persons including questions about an organization’s duty to accommodate an employee’s disability.
We advise employers concerning their obligations the Human Rights Code in connection with pregnant employees such as an organization’s obligation to re-employ an employee after a pregnancy leave.
We advise employers on their obligation to provide a discrimination-free work environment for women such as what is and what is not sexual harassment.
We advise employers on their obligations in connection with their older employees. An employer can not mandatorily retire an employee at age 65 and you terminating an older worker can result in increased legal exposure.
Employment Standards
Departing Employees
Occupational Health & Safety
Employee vs. Independent Contractor
Employment Standards
The Ontario Employment Standards Act
The obligation to keep certain records:
The obligations to pay overtime pay:
The obligation to provide for paid public holidays?:
Do you know that an employee does not need to work the day before or after the public holiday to get paid for the day? But the employee has no such entitlement if he or she fails, without reasonable cause, to work all of his or her last regularly scheduled day of work before the public holiday or all of his or her first regularly scheduled day of work after the public holiday.
The obligation to provide for a paid vacation:
The obligation to provide for unpaid leaves:
Did you know that an employee is generally entitled to pregnancy leave and parental leave?
The obligation to provide notice of termination to certain employees:
The obligation to provide severance pay to certain employees:
Departing Employees
Non-Solicitation Agreements & Departing Employees
Even though non-solicitation agreements have been signed, we are often called by employers who are concerned that departing employees may be taking clients or employees to a competitor.
Here are three questions that we often discuss:
Occupational Health & Safety
Ontario Occupational Health and Safety Act
The obligation to prepare, post and review certain occupational health and safety information annually
The obligation to establish a joint health and safety committee if there are 20 or more employees:
The obligation to take every precaution reasonable in the circumstances for the protection of the worker:
Did you know that every director and officer of a corporation shall take all reasonable care to ensure that the corporation complies with the Ontario Occupational Health and Safety Act?
The obligation not to use prescribed hazardous materials unless they are identified, material safety data sheets exist, and worker training and instruction requirements are met?
The obligation to provide a worker with a safe place if the worker refuses to work because of unsafe working conditions:
Employee vs. Independent Contractor
Independent Contractor vs. Employee
One of the most common issues that arises in employment law is whether an individual is an employee or an independent contractor.
An employee has many more rights than an independent contractor. For example:
An employee and an independent contractor can be awarded damages under the Ontario Human Rights Code but claims by employees are much more common.
Even if an employer and a contractor agree in writing that the contractor is not an employee, the courts, administrative tribunals and the CRA will in some cases conclude the person is an employee.
To determine whether a person is an employee or a contractor the CRA, courts and administrative tribunals look at the substance of the relationship. One of the main factors that is considered is how much control the employer exercises over the individual. The more control the more likely a contractor relationship will be found.
Fixed Fee Services
Fixed Fee Services
À La Carte Fixed Fee Services
Employer Blog
Another Reason to Periodically Review Your Employment Contract
After the Court of Appeal’s 2020 decision in Waksdale v. Swegon North America Inc. many employers revised the termination clause in their standard employment contract because its existing termination clause was no longer enforceable. Now along comes another Ontario...
Does Unpaid IDEL Trigger a Constructive Dismissal? Court Declines to Answer
In a recent case, Taylor v. Hanley Hospitality Inc., 2022 ONCA 376, both lawyers asked a three judge panel of the Ontario Court of Appeal (OCA) to decide whether a law which allows an employer to force an employee to take an unpaid leave under the ESA’s IDEL...
Is Secretly Recording A Workplace Conversation Just Cause for Termination?
More and more employees are secretly recording workplace conversations. Although it not is not a crime to secretly record a workplace conversation if you are a party to it, one judge recently concluded it is just cause for termination. This blog discusses this case....
