An employment law blog.
Sean Bawden, Partner, Kelly Santini LLP.
sbawden@kellysantini.com | 613.238.6321
Saturday 23 March 2013
Privacy Rights and the WSIB
Sunday 17 March 2013
Are Random Drug and Alcohol Tests Legal?
Saturday 9 March 2013
How to Tell if an Ontario Worker is a Construction Employee
There are exceptions to every rule. For example, not all workers in Ontario are covered by all aspects of Ontario’s employment laws. Some workers’ rights, for example bank employees and those who work for airlines, are governed by the Canada Labour Code. In other cases, even those who are generally covered by the Ontario Employment Standards Act, 2000 are not covered for all aspects.
One such exemption is with respect to “construction employees.” However, sometimes determining whether a worker is a “construction employee” is more complicated than it may initially appear.
What is the Maximum Amount of Reasonable Notice Under Ontario Law?
What is the maximum amount of reasonable notice, also referred to as severance, to which an employee dismissed in Ontario can be entitled under Ontario employment law? As at least one observer has asked, is the sky now the limit? See: Reasonable notice: The sky’s the limit?
The question was asked following the 2012 decision of the Ontario Superior Court in Abrahim et al v. Sliwin et al, 2012 ONSC 6295 (CanLII), in which the Honourable Justice Douglas Gray held, on an undefended default motion that, “I fail to see how a cap of 24 months, or indeed any maximum, is appropriate.”
It is Justice Gray’s decision that perhaps no maximum is appropriate that has led some to question that perhaps the sky is indeed now the limit.
Wednesday 6 March 2013
Single, Childless Employees Have Human Rights Too
In a provocative article in today’s Washington Post, “Single, childless and want work-life balance? How taboo” columnist Jena McGregor argues that it is unfair for single, childless employees to be expected to carry the weight for employees with child care obligations.
It is unclear whether Ms. McGregor is aware of the recent Canadian Federal Court decision, which held that child care obligations are the sine qua non of “family status,” a protected ground on which employers cannot discriminate. If she was aware, she does not make reference to it. But the article does permit a consideration of the concerns that that decision raised.
Saturday 2 March 2013
Can I be Fired for Being Pregnant?
For a great number of working women it is one of the single greatest concerns, “Can I be fired for being pregnant?” There are, at least, nine questions embedded in that question:
- Can I be fired for getting pregnant?
- Can I be fired for being pregnant?
- Can I be fired for taking pregnancy or parental leave?
- What about my benefits while I am on leave?
- What about my seniority?
- Can I be fired while on pregnancy leave?
- Can I be fired after returning from pregnancy leave?
- How much severance should I get if I am fired?
- What about EI?