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Serious insight for serious situations.

Serious insight for serious situations.

Lessons learned from being involved in several of the 468 payroll audits that took place last year

I have, over the years, helped many employers with Ontario Employment Standards Act  (“ESA”) compliance related issues. I provided such assistance for some clients who were part of the 468  “random” payroll compliance audits that took place in 2011/ 2012 and for some clients who have been audited in 2013 and…I have lived to tell

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Mass terminations: What workplace parties need to know

In a volatile global economy, it is sometimes necessary for organizations to restructure their operations in order to remain competitive. Often, this “right-sizing” exercise involves the termination of groups of employees, or even entire departments or business units. Canada has been no stranger to job loss over the past five years and, indeed, talk of

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Investment banker dies after working “until 6am for three nights in a row”

There comes a time when both employers and employees need to be reminded of the limits to the employment relationship, and the physical limits to which one can push his or her body. In reading a news article published by The Daily Mail, I figured that now was the time for that reminder. The article’s

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Shhhhh….. Breathing new life into confidentiality provisions: The Globe and Mail wins its case against Jan Wong

I often find myself explaining the meaning of a confidentiality provision to an employer who I am representing in mediation or in settlement negotiations.   I am always asked what if the other side breaches it and says something about what we have agreed to pay them?  What can I do?  The answer, I must admit,

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What Vince Vaughn teaches us about the workplace

Last week, some members of the Rubin Thomlinson team watched “The Internship”, where the comedic duo of Vince Vaughn and Owen Wilson moved on from crashing weddings to crashing Google’s summer internship program. The film begins with a pair of outdated salesmen (Vaughn and Wilson) losing their jobs when their employer closes its doors. Instead

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The dads and don’ts of the workplace

This past Sunday was Father’s Day.  This made us wonder, how has the relationship between fathers and their children been reflected in employment law cases? After we reflected on the cases that immediately came to mind, and then rounded out the list with some research, it became clear that this very special relationship has served

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Avoid the legal vulnerabilities of volunteering

This week is National Volunteer Week, which celebrates the hard work and initiative of volunteers across Canada. Whether it is teens vying to satisfy their 40 hours of volunteer work before graduation, or youths trying to get their foot in the door at an organization, volunteering is a popular avenue into many Canadian workplaces. Volunteer

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Employer drowns in penalties after not paying student lifeguards

The owner of a pool company has been sentenced to 90 days in jail and fined $15,000 for not paying thousands of dollars in wages to former student lifeguards. The employer operated a string of pool supply companies, and hired students to work as lifeguards during the summer months. The employer was able to secure

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