Employer | MacLeod Law Firm

Directors Sent to Jail for Failure to Pay Employee Wages

Doug MacLeod — Tue, 30 Apr 2019 13:53:36 +0000

If you are a director or a party to a unanimous shareholder agreement did you know that you are personally liable for unpaid wages and you could go to jail for up to one year for failing to pay them? So if you are a small business owner, have signed a unanimous shareholder agreement, or are a director of a non-profit corporation that is experiencing cash flow problems and are thinking of…

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Wrongful Dismissal Update: How to Reduce Termination Pay for Employees Who Earn Variable Compensation

Doug MacLeod — Tue, 19 Mar 2019 14:22:06 +0000

Some employees receive a large percentage of their total compensation in variable compensation. A much litigated issue is whether the employer is required to pay variable compensation to a terminated employee during the applicable notice period and if so how is this compensation calculated. The Case In a recent case the Ontario Court of Appeal (“OCA”) considered whether an employee who…

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Temporary Layoff Update: Can An Employee Refuse a Recall?

Doug MacLeod — Tue, 05 Feb 2019 18:55:18 +0000

Contrary to popular belief, a temporary layoff usually constitutes a wrongful dismissal which requires an employer to pay the laid off employee termination pay. This general rule does not apply in all situations such as when your employment contract states that the employee can be temporarily laid off, or your organization has a history of temporarily laying off an employee…

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Wrongful Dismissal Update: Recent Case Law Increases Legal Uncertainty

Doug MacLeod — Tue, 08 Jan 2019 14:57:24 +0000

Recently, it has become increasingly difficult for employment lawyers to assess an employer’s potential legal liability in connection with an employee termination. The law is pretty straightforward but predicting how a judge will apply the law to a specific termination is riddled with legal uncertainty. A recent case involving a 54-year-old senior executive who earned about $275 000 a year who…

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Will Changed Workplace Laws Increase Competitiveness for Ontario Businesses?

Doug MacLeod — Thu, 27 Dec 2018 14:52:12 +0000

“We’ve heard loud and clear from businesses across Ontario that job growth starts with cutting the burdensome, job-killing red tape that is driving jobs and investment out of our province … We are making Ontario open for business.” Premier Ford in his closing speech this October at the annual Ontario Economic Summit. Less than 2 months later, the Ontario government tabled Bill 66…

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Doug’s Top 10 Employment Law Stories of 2018

Doug MacLeod — Thu, 27 Dec 2018 14:49:23 +0000

In 2018 there were many new developments in the employment law world. Here are my top 10 stories of the year: 1. Bill 148 Bit the Dust Ontario’s Employment Standards Act received its last major update in 2000. During the last three years, the Liberal provincial government consulted widely and introduced comprehensive changes to this law by way of Bill 148. After this year’s spring election…

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Workplace Investigations under the Occupational Health and Safety Act

MacLeod Law Firm — Tue, 11 Dec 2018 14:46:07 +0000

The Occupational Health and Safety Act (OHSA) imposes several obligations on employers to investigate complaints of workplace harassment. When there is an incident or complaint of workplace harassment, OHSA requires the employer to conduct an investigation that is appropriate in the circumstances. An employer has a legal obligation to make the workplace safe so if there is any indication of…

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Disputes Over Bonus Entitlements: Two Decisions on the “Active Employment” Requirement for Bonus Payouts

MacLeod Law Firm — Tue, 27 Nov 2018 14:41:08 +0000

Where an employee is terminated or resigns, what is the effect of a bonus plan that requires the employee to be “actively employed” at the time the bonus is paid out in order to receive it? The Ontario Court of Appeal released two decisions, only one year apart, that reached seemingly opposite conclusions to this question. 2016 Case – Employee Entitled to Bonus after Termination Mr.

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Why Employers need a Discrimination-Free Workplace Policy

MacLeod Law Firm — Tue, 20 Nov 2018 14:38:39 +0000

Although a workplace anti-discrimination policy is not mandatory in Ontario, we recommend it. If a complaint about discrimination is brought forward, employers can rely on the policy to help address the issue and follow predetermined steps. This type of policy can protect an employer if litigation is commenced by an employee about discrimination. Employer discrimination policies are reviewed and…

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Ontario Court of Appeal Upholds Decision to Reinstate Disabled Employee with 10 Years Back Pay: Will Human Rights Litigation Ever Be the Same Again?

Doug MacLeod — Wed, 15 Jun 2016 14:01:36 +0000

I predict a recent Ontario Court of Appeal (the “OCA”) decision will have a significant impact on human rights litigation. In particular, I suspect disabled employees will start asking employers to find or create alternative positions for them if they cannot perform their job duties because of a disability, and terminated employees will start asking adjudicators to reinstate them with full back…

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