AODA: What You Need to Know About Accessibility Standards

Recent calls from clients seeking AODA “certification” suggest that there may be some confusion out there as to what organizations are required to do in order to comply with the Accessibility Standards for Customer Service. I expect people are calling now because the December 31, 2012 deadline to file an accessibility report with the government [...]

Workplace Harassment: Out of the Woods and Back at Work

Tiger Woods is returning to work this week to play in the Masters. His return to golf is predicted to bring an enormous boost to television ratings with everyone curious as to just what the reception will be like and how he will fare under the pressure. There are certainly parallels to a traditional workplace, [...]

Employee Dismissals and Terminations: Up in the Air…

…is where I was yesterday, returning from vacation. As I was flying, I had the opportunity to catch up on some films that I hadn’t seen, including the Academy Award nominated film, “Up in the Air”. For those of you not months behind in your film watching like me, you will know this is the [...]

The Mobile Workforce: Employment Transfers

I was speaking at the Ontario Bar Association’s Annual Institute 2010 program last week. The session was entitled “Navigating the International Assignment Maze” and I was asked to speak about employment law implications. Surprisingly, there are quite a few! Although we have heard less in the last few years about the mobile workforce or employees [...]

Wrongful Dismissal: A Procedural Sign of Things to Come?

An interesting case crossed my desk this week. It was the wrongful dismissal case of Whiteman v. Eastern Lift Truck Inc. 183 A.C.W.S. (3d) 87. The case was recently decided by Mr. Justice Ray of the Superior Court of Justice. What jumped out at me was how efficiently the plaintiff and his counsel made use [...]

Calling All Independent Contractors!

Over the last couple of months, we have seen our employer clients engage an increasing number of “independent contractors”. This can be an effective way of getting overflow work done without adding to the headcount, and adding fresh blood to an organization. Here are a few things to look for when structuring these arrangements: 1. [...]

Be It Resolved…

The passing of December 31 causes many of us to consider resolutions for the New Year. What will we do differently? How will we behave better? What will change? As employment lawyers, if we could suggest our top 5 resolutions for employers and employees for 2010, they would be: 1. Prepare written employment contracts for [...]

A Few Words About Workplace Violence Risk Assessments Under Bill 168

For those of you following the progress of Bill 168, which proposes to add explicit protections for employees against workplace violence and harassment, you will know that one of the trickier elements of the Bill is the requirement that employers perform a risk assessment of the workplace. The purpose of this assessment is to determine [...]

Just ‘Fess Up!

I was thinking this past week about the FIFA world cup qualifying match between France and Ireland. If you haven’t heard, France won after their captain allegedly handled the ball, resulting in the winning goal. Irish fans were irate that the captain of the French team did not admit his alleged violation. In the workplace, [...]

Supreme Court: May Be Necessary for Dismissed Employees to Return to the Same Employer to Satisfy Duty to Mitigate

According to the Supreme Court of Canada, it may be necessary for a dismissed employee to mitigate his or her damages by returning to work for the same employer. In a case released just yesterday, the Supreme Court of Canada has added a new and interesting element to the mix of termination options for employers.  [...]

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