Now that we’re weeks into the pandemic and government-mandated shutdown of all non-essential businesses, we understand both employers and employees may have more questions than ever. When will this end? Will my business survive? What options are available to me? What are my rights and obligations? Am I safe at…
When you are facing challenging circumstances at work, advice is easy to come by. Friends tell you what they did in a similar (or completely dissimilar!) situation. Family members tell you what they would do. The internet tells you both what you want to hear and the last thing you…
One of our top lawyers, Maxwell Bauer, shared his employment law expertise with the CBC today as they took a closer look at a high profile case. Last year, “an arbitrator found Loblaws violated Ontario’s Employment Standards Act for not paying drivers overtime after the required 44 hours a week.”…
As an entrepreneur or small business owner, you are used to juggling multiple balls. From sales and fulfillment to answering the phones and cleaning up, you do it all. Even HR. But this is like juggling with fire. Much harder — and a lot more risky. How do you avoid…
One of the most difficult areas we confront as employment lawyers is the flow of medical information when managing issues of accommodation for people with disabilities. It is important for employers and employees to understand their obligations under the Ontario Human Rights Code (“Code”). The term “disability” has been interpreted…
On International Women’s Day 2016 the Ontario Human Rights Commission (OHRC) released a policy position on gender specific dress codes encouraging employees to bring complaints of unequal treatment forward and encouraging employers to be proactive in rethinking mandated sexy dress codes in the workplace. http://www.ohrc.on.ca/en/ohrc-policy-position-gender-specific-dress-codes In a nut shell the…
In this month’s blog I have decided to write a bit of an academic piece rather than report on current legal cases or principles. The topic has been inspired by my fascination with watching our legal system react to new business models appearing in this internet based world. Specifically I…
And yet another employer fights vigorously against an employee seeking accommodation of her child care needs only to lose the legal battle ….. twice. On March 10, 2015 the Alberta Court of Queen’s Bench (“Court”) released its decision in SMS Equipment Inc. V. CEP, Local 7072015 Carswell Alta 385 upholding the Arbitrator’s…
When asked by a client whether their employment circumstances amount to a constructive dismissal I respond by explaining to them that they should envision a constructive dismissal spectrum. Some fact scenarios constitute strong constructive dismissal cases at one end of the spectrum, other fact scenarios are weak and at the…
Speaking out about the realities of mental illness has been gaining momentum in Canada. Between the Bell Talks campaign and increased media attention on suicide it seems society is trying harder to understand and accept mental illness. Corporations, agencies, non profits and individuals have been working to diminish the stigma associated…
