Upcoming Webinar: July 11, 2024 @ 12:30 P.M. (ET)  |  Workplace Restoration – Part 2 |  Register Today!

Serious insight for serious situations.

Serious insight for serious situations.

The sticky pitfalls of dismissing temporary workers

As the use of temporary workers is increasing, employers must be mindful of one common mistake that may result in significant liability – creating fixed-term contracts (intentionally or unintentionally) without early termination provisions. Depending on the work-related need, temporary workers may be hired for both fixed (advanced agreement as to end date) and indefinite (no

Read More

Out of time, out of luck

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

Read More

#1 Termination pay, termination notice, termination with or without cause and pay in lieu of notice (Part 2)

Second installment. You’ve decided that you do not have cause to terminate so you will be proceeding on a without cause basis. The next question becomes “What are the employee’s entitlements on termination?”. Well, there are really only two possible options, which I’ve attempted to represent pictorially (clearly, I missed my calling as a graphic

Read More

Anatomy of an employment lawyer

“Work is one of the most fundamental aspects in a person’s life, providing the individual with a means of financial support and, as importantly, a contributory role in society. A person’s employment is an essential component of his or her sense of identity, self worth and emotional well being.” These words were penned nearly 30

Read More

The challenge of the unrepresented party: Consider this case from the Human Rights Tribunal of Ontario

A case crossed my desk this week that clearly illustrates the challenges lawyers face when dealing with an unrepresented party, in this case, at a hearing at the Human Rights Tribunal of Ontario (the “Tribunal”). Luthra v CAPREIT Limited Partnership, 2015, HRTO 1658 (CanLII) is a decision of Adjudicator Jo-Anne Pickel, dated December 9, 2015. 

Read More

Recruiting the recruiter

Employers often lament that it’s hard to find “good people.” There are a number of ways in which employers seek out “good” employees, including job postings, referrals and third party recruitment.  It is the latter tactic that has put a wrinkle in a number of files I have handled. While third party recruitment is a

Read More

Criminal charges, criminal convictions, and their implications for the employment relationship

Last week, former Subway pitch-man Jared Fogle was sentenced to more than 15 years in prison, after pleading guilty to charges of trading in child pornography and paying for sex with minors. Subway had cut ties with Mr. Fogle months earlier, after police raided his home in July of this year.  In the circumstances, few

Read More

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

Read More