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Serious insight for serious situations.

Serious insight for serious situations.

Ministry of Labour Proactively Investigating Employer Compliance with ESA

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

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Oppression Remedy May Leave Corporate Directors Liable for Unpaid Wages and Constructive Dismissal Damages

In a recent blog, we observed that directors, officers and shareholders may be deemed to be “common employers” together with corporations; and that in certain circumstances, owners and operators may be “on the hook” for claims by employees and former employees. By way of another recent decision of the Ontario Superior Court of Justice, director

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Clear Drafting: Essential to the Enforceability of Termination Clauses

When terminating an employee without just cause, an employer is required to provide the employee with reasonable notice of the termination or reasonable payment in lieu of such notice at common law.  The length of notice can be significantly less than the common law would require provided that the parties enter into an employment agreement

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New Job-Protected Leaves Introduced in Ontario

On March 5, 2013, the Ontario government introduced new legislation which, if passed, would create three new job-protected leaves under the Employment Standards Act, 2000 (“ESA”). If these new leaves are added to the ESA, caregivers would be allowed to provide support to their loved ones without fear of being dismissed by their employer. The

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Are You a 22-22-22 Employee?

If you’re reading this post in the evening, through a mobile device, and you’re still working, you are likely part of Generation Y. Born between 1981 and 2000, the 12 million Canadian members of Generation Y, have accepted working hours and conditions that, according to a recent article in the New York Times, have coined

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Coming to a Workplace Near You This Year – More Older Workers Than Very Young Ones

On Monday, an article in the Globe and Mail reported that composition of who is in the workplace has taken a symbolic turn.   On the paper’s front page, Demographics Reporter Joe Friesen, writes that “at some point this year, the number of 15-24 year olds will slip below the number of 55-64 year olds for

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Corporate Director Fined and Sentenced to Prison Term for Failure to Pay Wages

A recent decision of the Ontario Court of Justice shows that a company’s failure to abide by the Employment Standards Act, 2000 (“ESA”) can result in serious penalties for its directors. In that regard, the Court imposed a $280,000 penalty on six Ontario companies and the director of those companies, and also sentenced the director

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