Employment Law Archives - Page 9 of 19

The Riskie business of modifying employment contracts – Ontario court upholds the validity of a fixed-term agreement purporting to modify an indefinite employment relationship

October 28, 2015

The “Fresh Consideration” Doctrine The need for “fresh consideration” has long been a fundamental requirement to the enforceability of contracts. More specifically, in the absence of exceptional circumstances, an existing obligation or duty to perform cannot be used as valid consideration for the creation of a new contract. The legal doctrine of “fresh consideration” is

Can employers make unilaterally imposed deductions to recover inadvertent overpayments to employees?

October 21, 2015

I have, on a number of recent occasions, had employers contact me to determine what options are available to them when they have mistakenly overpaid an employee. Most employers wish to simply reverse the overpayment on a following pay thereby deducting the overpayment from wages owing. Section 11(1) of the Employment Standards Act, 2000 of

Employee entitlement to time off on federal election day

October 16, 2015

It is election time once again! In just a few short days millions of Canadians will be rushing to the polling stations to cast their votes to determine Canada’s next Prime Minister. With October 19, 2015 just around the corner, we felt it was a good time to remind both employees of their rights and

Happy anniversary! An employment lawyer’s perspective on employment anniversaries

August 25, 2015

On July 8, 2015, I celebrated my 2nd year anniversary of practicing law with my colleagues at Rubin Thomlinson. As a lawyer in my 18th year of practice, I have celebrated many anniversaries, however, this most recent one caused me to pause and think about the importance of anniversaries in the employment law realm. I

On the job and under the influence?

August 17, 2015

Earlier this month, an AirBaltic flight bound for Crete was grounded shortly before take-off after several of its crew members – including both the captain and first officer – failed alcohol tests. News reports indicate that a passenger alerted local authorities to a concern that the crew had been drinking; and that following a pre-flight

Baby, you can drive my car!

August 13, 2015

(Actually, you drive your car and I’ll pay to ride in it. Welcome to Uber!) There has been much talk about the use of Uber in the media and we recently had occasion to consider whether the use of Uber services in the employment context is a wise choice. Consider this: if an employer arranges for

Do your job postings measure up?

July 14, 2015

When was the last time your measurements were required for a job? That is precisely the type of information you needed to supply if you were going to apply for the “receptionist/fit model” role with retailer, Lorna Jane. The position combined the role of receptionist and fit model, with the latter requiring the applicant to

“What if President Obama drops by the office today?” (and other considerations for company dress codes)

April 17, 2015

I recently read news coverage of an employee who was sent to a meeting that he thought “was going to be an informal event — that it was going to be business casual,” only to find himself seated at a boardroom table with none other than U.S. President Barack Obama. After the meeting, the employee

Serious insight for serious situations.