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The Ontario Employment Standards Act, 2000 (the “ESA”) is intended to be remedial legislation, designed to protect vulnerable employees. While employers cannot contract out of many of the provisions in the ESA, the practical reality is that not every employment relationship is 100% compliant. This non-compliance may come as a result of either the employer
It is no secret that Canadian courts have a strong aversion to restrictive covenants in the employment context. The common law presumption has long been that such obligations are restraints on trade, and are therefore prima facie unenforceable unless they are reasonable between the parties and with reference to the public interest. Courts generally consider
After three months’ hiatus, I’m back with the second half of this series. Given the delay, I suspect some may need to have their memories jogged (pull out those sweatbands!). Without further ado, I invite you to have a gander at “Where HR Professionals Get It Wrong: Employment Counsels’ Collective Musings”. What I find most
Over three years ago, we blogged about a case where an employee, Sharon Fair, was reinstated after almost a decade had passed since her dismissal, because her dismissal was held to be discriminatory. The specifics of the case can be found on our blog post here but in short, Ms. Fair alleged that she had
Although the Employment Standards Act, 2000 (“ESA”) is intended to be remedial legislation designed to protect vulnerable employees, it is only as effective as its enforcement mechanism. In an effort to ramp up such enforcement, the Ontario Ministry of Labour periodically performs a series of “enforcement blitzes” to proactively investigate employer compliance with the ESA
On December 3, 2015, the Ontario Legislature passed the Police Record Checks Reform Act. The Act will come into force upon proclamation by the Lieutenant Governor of Ontario, which date has yet to be announced though it is expected to occur in the next few weeks. The Act would bring about a sea change in
If you are a Parks and Recreation fan like me, you remember the “Treat Yo’Self Day” episodes featuring Tom and Donna, two of the employees of Pawnee, Indiana’s Parks and Recreation Department. For those of you who haven’t watched the show, Tom and Donna would take an annual day off of work to shop, indulge
I recently represented a client at a prehearing before the Ontario Human Rights Tribunal (the “Tribunal”), arguing that an application filed 2 months after the 1-year deadline set by the Tribunal should be dismissed as untimely. We were successful and the application, which was filed 14 months after an allegedly discriminatory dismissal, was dismissed in
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