Employment and Labour Law Blog: The maximum number is 24 - limited expectations for long-service terminated employees

You might have expected more notice from judges. After all, lots of them are older. They are senior practitioners of their trade. Surely, they could subscribe to calculating reasonable notice for without cause terminations at one month for every year of service. 24 years - 24 months; 30 years - 30 months, 37 years etc. Right? Nope. Wrong.

Employment and Labour Law Blog: Employment Contracts: What the Employer and Employee Should be Considering

It remains astonishing what some employers are able to get away with when they have decided an employee is no longer required. Lots of companies try to attract employees with high salaries, but offer only minimum statutory notice of termination and demand restrictive non-competition clauses that would prohibit re-employment in the industry for at least 12 months.

Employment and Labour Blog: Flex time anyone?

The Ontario Government has just amended the Employment Standards Act again. See Bill 66, “Restoring Ontario’s Competitiveness Act, 2019”. Publishers of statute texts will never be able to keep up. The lucky thing for them is that the new changes will help the printers get their work done at a reduced cost. Under the new amendments there should be less overtime paid at time and one half. Through the statutorily facilitated new rules for averaging hours, employers can work employees up to 60 hours a week two of every four weeks provided they reduce the hours in the other two weeks to 24. This would be classic hills and valleys scheduling: one week up, one week down, repeatedly. But, some employees might like such a schedule.

Employment and Labour Law Blog: Investigator's Reports - Privileged or Not?

It seems so simple! Once you retain a lawyer, everything you say in his or her presence is protected from scrutiny by others. No one can force either the client or the lawyer to expose the nature of the confidential discussions. The reason for this fundamental premise of law is that every person is entitled to legal advice and in receiving that advice to be forthcoming with their legal advisor. In doing so, they must know that what they reveal is protected. In this way, they may reveal all the facts which allows for the legal advisor to be fully informed.

Employment and Labour Law Blog: Client Wins in a Wrongful Dismissal Case

My colleague Jason Wong recently spent 2 1/2 days in court in behalf of a plaintiff employee who had been wrongfully dismissed. Because the employee was young and capable, he mitigated fully within 2 months of termination. At issue was 8,000 in notice pay, a claim for 17,000 for bad faith and the costs. Even though service was just over one year, since the employee was a team manager, he was claiming at least two months of pay. But no settlement occurred.

Employment and Labour Law Blog: Fire Bargaining - New Legislation in Ontario - What makes sense?

The next round of labour negotiations in the municipal fire sector in Ontario has begun.  The agreements run on calendar years.  These activities will be the first under the new labour disputes changes legislated by the Ford government late last year.  Both parties need to decide soon whether or not the new rules will alter the way they wish to approach the table

Employment and Labour Law Blog: Bill 148: Ontario Fair Workplaces and Better Jobs Act:  A Cheat Sheet.

The following highlights and summarizes the most significant amendments to the Employment Standards Act.   This paper provides a summary of the legislation only and should not be relied upon as a complete review of the statute.  Nothing in this paper constitutes legal advice.  For further assistance, please contact one of the Dunsmore Law lawyers.

Employment and Labour Law Blog: Occupational Health and Safety – Privilege

Protecting Employers

All employers have a statutory duty always to do everything reasonable in the workplace to protect the safety of their employees. This includes being aware of the hazards on the job, preparing proper manuals and programs to train everyone how to work safely, implementing the training, ensuring employee competence and vigilantly monitoring day to day activities.  A well-organized comprehensive plan properly pursued will meet the legislated standard for employee safety.