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As the snow begins to pile up, it’s clear that it’s that time of year again: winter. With it, winter brings a different time of year for a number of our employer clients: they’re hiring “seasonal” employees. In Canada, many businesses rely on temporary employees to boost their ranks during busy periods, particularly in the
In the last few months, there has been an influx of commentary on the enforceability of contractual provisions purporting to limit an employee’s bonus entitlements upon termination. Following the Ontario Court of Appeal’s seminal decisions in Paquette v. TeraGo Networks Inc., 2016 ONCA 618 (“Paquette”) and Lin v. Ontario Teachers’ Pension Plan, 2016 ONCA 619
At a meeting on November 30th, the Toronto Transit Commission (“TTC”) board voted in favour of a plan to push ahead with the implementation of random drug testing – despite the fact that the matter is still being arbitrated. The vote was based on the recommendations of a confidential report tabled for the board’s approval.
Cessation of an employee’s employment can happen by way of termination of employment by the employer or resignation by the employee. In the case of a voluntary resignation, while the employer may feel as though it is losing a beneficial employee, the upside is that the employer is not liable for the dreadful “reasonable notice
As the use of temporary workers is increasing, employers must be mindful of one common mistake that may result in significant liability – creating fixed-term contracts (intentionally or unintentionally) without early termination provisions. Depending on the work-related need, temporary workers may be hired for both fixed (advanced agreement as to end date) and indefinite (no
In response to an employee’s mistake or failure to perform one or more of his or her regular duties, employers may be inclined to withhold that employee’s wages. However, this is generally prohibited under the Ontario Employment Standards Act, 2000 (the “ESA”). I have seen this issue arise where an employer attempts to incentivize an
Courts and Tribunals have increasingly found in many instances that harassment “need not occur in the physical workplace to find that it occurred ‘in the workplace’”. To be the workplace, legal decision makers have focused on whether there is a nexus between the activity or the location and work. This is an interesting question of
A recent Globe and Mail article highlights the fears that new parents face as they contemplate returning to work after a parental leave. It also highlights the issues employers must address when those employees return to work. Since our employer clients often raise questions about post-leave matters, we would like to offer some helpful tips
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