Saturday, 24 August 2013

Like a Boss: the Managerial Exception to Overtime Pay under the Ontario Employment Standards Act

A short while ago, someone who follows me on Twitter reached out to me looking to ask me questions about practising employment law in Ottawa. Having a rough idea of who this individual was, I agreed to meet him to discuss the market and opportunities that might exist. I was impressed not only by his initiative to reach out to me but by his accomplishments while articling. Accordingly, I advised him that if he took the further initiative to write a guest post for this blog I would post it. Mr. Daniel Pinsky upheld his end of the bargain, so, in upholding my end, below one will find his post, which he titled Like a Boss: the Managerial Exception to Overtime Pay under The Ontario Employment Standards Act.

Saturday, 17 August 2013

Nanny's Failure to Supervise Children Not Just Cause for Termination of Employment

(c) istock/Bicho_raro

In a case sure to surprise some working parents, an Ontario Deputy Judge has ruled that the failure of a nanny to supervise a two-year-old child and a four-and-one-half year old child was not just cause for dismissal.

The case was argued in the Ontario Small Claims Court, with the threshold issue being whether the employer parents had just cause for dismissal. In finding that the parents did not have just cause, Deputy Judge Z. Jack C. Prattas held that there was conflicting evidence on the critical point of whether the children were being properly supervised. Deputy Judge Prattas's reasons for decision can be found on CanLII at: Pascua v Khul-Schachter, 2013 CanLII 47860.

Wednesday, 7 August 2013

What is a Poisoned Workplace?

What is a poisoned workplace under Ontario law? A recent case from the Court of Appeal for Ontario, General Motors of Canada Limited v. Johnson, 2013 ONCA 502, in which a worker's claim for damages for constructive dismissal following allegations of a poisoned work environment was dismissed, provides a good reminder for the legal elements of such a definition.