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Serious insight for serious situations.

Serious insight for serious situations.

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

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

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Limiting termination entitlements in employment contracts: What is enforceable and what is not?

Before an employment relationship commences, perhaps the last thing that either workplace party wants to talk about is how it will end. That said, it is usually beneficial for employers to ensure that the offer letter (or employment contract) outlines all terms of employment, including the employee’s entitlements upon termination. There is employment standards legislation

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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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A temporary layoff can’t be a constructive dismissal?

In a decision released last week, Justice Moore of the Ontario Superior Court appears to have altered the law of constructive dismissal as it pertains to temporary layoffs.  Before now, if an employee client came to us having been temporarily laid off, we would nonetheless have considered the possibility that the employee might have been

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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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