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Serious insight for serious situations.

Serious insight for serious situations.

Dependent Contractors Receive 26 Months’ Pay In Lieu Of Notice

The common law in Ontario, relating to dependent contractors, is now well established. Employment relationships exist on a continuum; with the employer/employee relationship at one end of the continuum, and independent contractors at the other end. Between those two points, lies a third intermediate category of relationship, now termed “dependant contractors”. Like employees, dependant contractors

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Making Justice More Accessible – The Changing Face of Employment Law Litigation

Chief Justice Beverley McLachlin is well known for her outspoken views about access to justice.  Chief Justice McLachlin has for many years written and spoken about the unaffordability of our legal system. She has been critical of our system, noting that trials have become the norm and that delay is rampant, making it impossible for

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How does “older” old age affect reasonable notice? Consider this trilogy of cases

Last week in our Employers’ Alert, we wrote about a number of recent age discrimination cases.  We also referred to a number of American cases, and we pondered whether there would be an increase in age discrimination cases given the aging of the Canadian workplace, but also the presence of employees who are older than

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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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