Employment Law | MacLeod Law Firm

Doug’s Top 5 Employment Law Stories of 2022

Doug MacLeod — Tue, 13 Dec 2022 15:00:08 +0000

Here are my top 5 employment law stories for 2022: 1. COVID 19 – Temporary Layoffs This issue remains my number one story because this issue impacts so many court cases. Some judges have concluded that a temporary layoff set out in the Infectious Disease Emergency Leave (“IDEL”) regulation under the Employment Standards Act, did not change the common law. So, this kind of temporary layoff is…

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Employment Law Update: Electronic Monitoring Policy

MacLeod Law Firm — Tue, 27 Sep 2022 14:00:31 +0000

A new amendment to the Employment Standards Act requires employers with 25 or more employees on January 1st of a given year to put in place a written policy regarding any electronic monitoring processes they use to monitor employees. The deadline for 2022 is October 11, 2022. As electronic monitoring practices vary widely between businesses and different industries, the specific practices of…

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Another Reason to Periodically Review Your Employment Contract

Doug MacLeod — Tue, 20 Sep 2022 18:33:29 +0000

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 court case that renders an otherwise enforceable termination clause unenforceable because there was a specific penalty clause in the…

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Does Unpaid IDEL Trigger a Constructive Dismissal? Court Declines to Answer

Doug MacLeod — Tue, 24 May 2022 14:00:29 +0000

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 regulation, which is in effect during the COVID pandemic, is NOT a constructive dismissal under the ESA, nevertheless is still a constructive…

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Ontario Government Proposes More Employment Laws

Doug MacLeod — Tue, 22 Mar 2022 04:00:41 +0000

In my last blog, I summarized some new employment laws that the Ontario government passed in December 2021. On February 28, 2022 the Ford government proposed more new employment legislation when it tabled Bill 88. This blog discusses three parts of Bill 88; that is, (i) a new law that would apply to gig workers who are currently mostly unregulated, (ii) a requirement that some employers…

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Termination Pay for Short Service Employees

MacLeod Law Firm — Tue, 15 Feb 2022 15:00:15 +0000

When considering a job offer you need to carefully consider the terms of the termination clause that is included in the written job offer you receive. Employer Friendly Termination Clause in Job Offer When interviewing for a job the employer rarely raises your rights on termination. Instead, the employer usually includes a termination clause in your written job offer. It is not uncommon for…

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Restaurant Owner Ordered to Pay over $ 40 000 for Refusing to Refer to an Employee as They/Them

Doug MacLeod — Tue, 14 Dec 2021 15:00:07 +0000

An employer cannot discriminate on the basis of gender identity. An employer is required to refer to an employee using the pronoun of the employee’s choice. Refusal to do so is a violation of the Ontario Human Rights Code (the “Code”). An employee can file a no cost, online complaint against the employer under the Code, and seek damages against the employer and the person who refuses to use the…

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Working for Workers Act, 2021: New Obligations Imposed on Employers

Doug MacLeod — Fri, 03 Dec 2021 15:02:09 +0000

New obligations are being imposed on employers as a result of the Bill 27, or the Working for Workers Act, 2021. Three new obligations that will be imposed on employers: 1. Employers who employ 25 or more employees will be required to have a written policy with respect to disconnecting from work. The term “disconnecting from work” is defined to mean not engaging in work-related…

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Have reasonable notice periods increased during the COVID pandemic?

Doug MacLeod — Tue, 16 Nov 2021 15:40:30 +0000

I will tell anyone who asks – and many people who don’t ask – that every employer should require every employee to sign an employment contract with an enforceable termination clause. More and more employers are doing so, however there are still many employees who have not signed an employment contract with an enforceable termination clause. Particularly because of the Ontario Court of Appeal’s…

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Employment Law | MacLeod Law Firm

Doug’s Top 5 Employment Law Stories of 2022

Employment Law Update: Electronic Monitoring Policy

Another Reason to Periodically Review Your Employment Contract

Does Unpaid IDEL Trigger a Constructive Dismissal? Court Declines to Answer

Ontario Government Proposes More Employment Laws

Termination Pay for Short Service Employees

Top 5 Employment Law Stories of 2021

Restaurant Owner Ordered to Pay over $ 40 000 for Refusing to Refer to an Employee as They/Them

Working for Workers Act, 2021: New Obligations Imposed on Employers

Have reasonable notice periods increased during the COVID pandemic?