Labour Pains

When is a “discretionary” bonus to be included in the statutory definition of “wages”? According to a 2016 decision of the Ontario Superi...

Does a termination clause that only allows an employer to terminate an employee without notice for “just cause” comply with the provision...

Should the payroll of employees outside Ontario be included in the calculation of the payroll under section 64 of the Employment Standard...

Will an arbitration clause in independent contractor agreement always be found to be illegal, if, notwithstanding that to which the parti...

Can a company, which ostensibly deems all of its workers to be “independent contractors”, require those workers to arbitrate their issues...

On November 22, 2017, the Ontario Government, then headed by Liberal premier Kathleen Wynne, passed Bill 148, the Fair Workplaces, Better...

It is a well-known fact that employers must provide their employees with “reasonable notice” of the termination of their employment. But,...

Should employees be allowed to use their Personal Emergency Leave ( Employment Standards Act, 2000 , section 50) to be absent from work i...

How much time off is an employee entitled to in order to look after a sick family member? However, both employers and employees must be ...

When is “Canada Day”? How about “New Year’s Day” or “Christmas”? Like all good legal questions, the answer, it would appear, is “it depen...

Unless one has been living under a rock, and perhaps even if one has, it would be hard to have missed the controversy surrounding the deci...

Amongst the changes ushered in by the Fair Workplaces, Better Jobs Act, 2017 , S.O. 2017 C.22 , formerly Bill 148, is the provision of th...

Amongst the changes ushered in by the Fair Workplaces, Better Jobs Act, 2017 , S.O. 2017 C.22 , formerly Bill 148, is the provision of tw...

On November 22, 2017, the Ontario Government passed Bill 148, the Fair Workplaces, Better Jobs Act, 2017 , S.O. 2017 C.22 . The Bill rece...

How much paid bereavement leave is an employee entitled to in Ontario? And what constitutes “evidence reasonable in the circumstances” t...

On May 27, 2017, I presented a paper to the County of Carleton Law Association’s annual solicitor’s conference titled “Mo Money Mo Proble...

(c) istock/BernardaSv A typical term of any significant asset purchase agreement, which sees the employees of the vendor continue in emp...

Can I interest you in an app that will almost invariably get you sued? I doubt it. It has been my experience as a litigator that few peop...

What will be the court’s censure for an employer’s unwillingness to accommodate its employees’ childcare arrangements, except where legit...

Image ©iStock.com/DrPAS If an employee dies due to a terminal illness (e.g. cancer), is his estate entitled to severance pay? In the cas...