What does “failing to take every precaution reasonable in the circumstances for the protection of a worker” mean? When the Ministry of Labour lays charges under the Occupational Health and Safety Act (“OHSA”) after a workplace injury it often includes a charge under...
Employer Alert: Termination Clause UPHELD by Ontario’s Court of Appeal in Nemeth v. Hatch Ltd On Monday, Ontario’s Court of Appeal concluded in Nemeth v. Hatch Ltd., 2018 ONCA 7 that the following termination clause was legally enforceable and that the terminated...
Doug’s Year End Rant Earlier this week I concluded that the rule of law no longer applies in many Ontario workplaces. The epiphany hit me when I was meeting with the Managing Director of a boutique law firm. When I use the expression “rule of law” I mean the...
Top 10 Employment Law Developments in 2017 In 2017, the provincial legislature and Ontario judges continued to change Ontario’s employment laws. These changes resulted in higher payroll costs and a more regulated workplace. This blog briefly identifies 10 employment...
Fixed Term Employment Contracts Still A Bad Idea We’ve written before on how fixed term employment contracts are not a good idea. A recent decision from the Ontario Superior Court of Justice confirms the law on this point so far, and serves as yet another lesson to...
AODA Update: New Regulation Taking Effect July 1, 2016 The Accessibility for Ontarians with Disabilities Act (“AODA”) is constantly changing. So when there has been yet another change to AODA it takes all of my energy not to cover my ears and yell “LAH, LAH, LAH” at...
How much Notice of Termination is a Probationary Employee Entitled to Receive? I draft employment contracts for most of my employer clients. When doing so I always ask whether the employer wants to include a probationary period clause in the contract. A recent...
Keeping Tips in the Servers’ Pockets – New Protections Under the Employment Standards Act For servers, tips generally form a significant part of their income. Pooling tips is a common practice in the restaurant industry whereby a server is required to contribute a...