On December 2, 2021, the Ontario government passed Bill 27, the Working for Workers Act, 2021, that presented employee friendly changes to workplace laws. In response to Bill 27, the …
Mandatory Vaccination in the Workplace and an Employer’s Duty to Accommodate
In response to the mandatory vaccination announcement made by the Ontario government on September 22, 2021, the Ontario Human Rights Commission (OHRC) has published a Policy Statement breaking down the …
When is a termination provision unenforceable for not being brought to the employee’s attention?
Modern employment agreements typically include harsh termination provisions which seek to limit an employee’s rights to the statutory minimum. (See my previous blog post where I outline employees’ common law …
ESA “severance” pay applies to a lot more employees than it used to
Qualifying employees typically have two “buckets” of entitlements when they are let go by their employers: Common law entitlements. Statutory entitlements. Common law notice is often the most significant of …
Ocean Nutrition: Employees are entitled to notice before being let go – virtually always including any bonuses and commissions
Summary When an employee is wrongfully dismissed, they are entitled to a retroactive payment of “reasonable notice” from their employer. (“Reasonable notice” is a judicial assessment of the length of …
How much notice should employees get before being let go?
Chances are, employees are entitled to what’s called “common law notice” a.k.a. “reasonable notice” before being let go. (Although employers are allowed to write employment contracts in such a way …
UBER V HELLER: CASE COMMENT
In June, the Supreme Court ruled in its Uber v Heller decision that the arbitration clause in Uber’s contract with one of its drivers, Mr. Heller, was invalid. The clause …
Employee rights don’t end with the employment contract
Upon termination of employment, employees probably have legal rights to more than what their employers say they do (and oftentimes, to more than their contract says they do…). Under Ontario …
EMPLOYEE SCREEN-MONITORING SOFTWARE MAY BREACH PRIVACY LAWS
An employer’s surveillance of its employees in the workplace is anything but a straightforward topic. PIPEDA requires – broadly – that employer surveillance must be reasonable and that with some exceptions, employers …
Unions have a duty to represent employees fairly
Generally speaking, the union is an employee’s only avenue for asserting their workplace-related legal rights. However, employees have the right to be represented “fairly” by their unions. A lawyer can …