New Year’s Hangover: The Curious Case of the 27 Paycheque Year

Published on January 07, 2015

2015 brings with it a payroll oddity that only arises once every 13 years: 27 bi-weekly payroll periods.

employment law,  employment standards

Class Action Employment Lawsuit Filed Against Canadian Hockey League

Published on October 20, 2014

A freshly filed class action lawsuit combines two current trends in employment litigation: a crackdown on unpaid positions and enforcement by class action.

class actions,  employment law,  employment standards,  labour law,  workers' compensation

Internship Enforcement Update

Published on October 08, 2014

 In the second quarter of 2014, the Ministry of Labour conducted an enforcement “blitz,” targeting companies in several sectors with intern programs to determine if those programs were being operated in a manner consistent with the Employment Standards Act. Out of 56 businesses in the GTA inspected during the blitz, 37 compliance orders were issued.

employment law,  employment standards

Bank of Nova Scotia Overtime Class-Action Settles Out of Court

Published on August 27, 2014

The recent settlement of this overtime class action lawsuit, and the complexity and scope of retroactive liability, highlights the folly in the head in the sand approach.

class actions,  employment law,  employment standards

What is the next step in AODA compliance?

Published on May 26, 2014

The AODA Employment Standard deadlines are not as far away as they may seem.

aoda,  employment law,  employment standards,  human rights

Workers can Simultaneously Receive WSIB LOE Benefits and ESA Termination Pay

Published on April 24, 2014

WSIAT recently held that a worker's loss of earnings benefits under the workers' compensation plan may not be offset by statutory pay in lieu of notice.

employment law,  employment standards,  workers' compensation,  wrongful dismissal litigation

Review Court Bars Wrongful Dismissal Claim Post-ESA Claim

Published on October 28, 2013

Ontario’s Divisional Court has overturned a lower court decision, finding instead that an employee could not pursue a wrongful dismissal action after prosecuting an employment standards complaint.

employment standards,  wrongful dismissal litigation

Ontario Ministry of Labour blitz of the retail industry – Are you ESA compliant?

Published on October 08, 2013

The Ontario Ministry of Labour (the “Ministry”) has announced a blitz of the retail industry for compliance with the Employment Standards Act, 2000 (the “ESA”). The blitz will run from October through to December 2013.

employment standards

Register Now for our 27th Annual Employers' Conference, Labour & Employment Law Update 2013

Published on August 20, 2013

Registration Now Open!

aoda,  constructive dismissal,  employment law,  employment standards,  human rights,  labour relations,  occupational health and safety,  privacy,  wrongful dismissal litigation

Announcing our Complimentary Quarterly HR-Law Webinar (Q2)

Published on June 17, 2013

Our first quarterly, HR-Law Webinar was a great success, with over 150 registrants.  Thank you to those who joined us and those who contributed by providing insightful questions.  We are pleased to announce our second, complimentary webinar.

employment law,  employment standards,  immigration,  occupational health and safety

Specific Termination Provision Upheld After Sale of Business

Published on May 08, 2013

A recent Ontario court decision highlights the value of written employment contracts.

employment law,  employment standards,  wrongful dismissal litigation

Director sentenced to jail time for failure to pay wages under the ESA

Published on November 19, 2012

In a recent decision, the Ontario Court of Justice sentenced the director of six Ontario companies, Steven Blondin, to 90 days in jail for failing to pay wages to employees.

employment law,  employment standards

When does a change in hours of work constitute a constructive dismissal?

Published on August 30, 2012

In Dechene v. Dr. Khurrum Ashraf Dentistry, an employee who had been employed by a verbal agreement was provided with a proposed new written employment agreement. The employee currently worked 32 hours per week in a part-time position. The new written employment agreement provided that the employer had the right to require the employee to work up to 48 hours in any given week. The language of the agreement provided, “the employee shall recognize the absolute right given to the employe[r] under the Employment Standards Act of Ontario to schedule the employee to work up to 48 hours in any given week”

constructive dismissal,  employment law,  employment standards

Landmark Decision on Certification of ESA Class Actions and Constructive Dismissal

Published on April 25, 2012

Ontario’s Divisional Court has upheld a lower court ruling refusing to certify a class action for statutory notice and severance pay, and in the process provided helpful guidance interpreting an earlier Ontario Court of Appeal decision on constructive dismissal.

class actions,  constructive dismissal,  employment standards

Pay in Lieu of Notice by Salary Continuance Deemed Implicit Right

Published on August 29, 2011

The Ontario Superior Court of Justice recently ruled in Bowes v. Goss Power Products Ltd., that a fairly standard termination provision in an employment contract implied the right to provide pay in lieu of notice by salary continuance.  The employer wanted to rely on this right so as to set off any mitigation by the employee during the notional notice period.

employment law,  employment standards,  wrongful dismissal litigation