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Author Archive - Doug MacLeod, MacLeod Law Firm

For the past 25 years, Doug MacLeod of the MacLeod Law Firm has been advising and representing employers in connection with employee terminations. If you have any questions, you can contact him at 416 317-9894 or at doug@macleodlawfirm.ca. Read more

Ontario employment law update: Mid-year report

Much has changed in recent weeks. The Liberal party has been replaced by the PC party as the governing party in Ontario, recreational-use cannabis will become legal on October 17, 2018, more employment standards inspectors have been hired and trained and are now conducting workplace inspections to ensure that employers are complying with Ontario’s Employment Standards Act, and there’s more.

 

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Court of Appeal upholds non-solicitation clause against departing employee

All employers should seriously consider including a property drafted non-solicitation clause in the employment contract of any employee who has a close working relationship with the organization’s customers.

 

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New Ontario law requires public disclosure of employee compensation

On the heels of new amendments to the Employment Standards Act, 2000, which introduced changes to this law’s equal pay provisions, the Ontario government recently passed The Pay Transparency Act, 2018 (“the Act”). The Act is just one of many components of the Liberal government’s plan.

 

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Employer alert: Payroll costs in Ontario went up (again) on April 1, 2018.

Since April 1, 2018 Ontario employers have been required to pay temporary help agency workers and casual & part-time employers the same rate of pay as full-time employers performing substantially the same work unless an exemption applies.

 

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The latest on the legality of random drug and alcohol testing

This blog summarizes a recent arbitration award where a union challenged an employer’s random drug testing policy at a coal mine.

 

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Wal-Mart employee awarded $250,000 in moral damages and $500,000 in punitive damages

Wal-Mart was found to have breached its duty as it was trying to find a new position for Ms. Galea. I don’t know if this case will turn out to be an outlier, but in the meantime employers should be very careful when dealing with an employee who is between jobs within the organization.

 

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Is the rule of law at risk in Ontario?

Rule of law

Recently I concluded that the rule of law no longer applies in many Ontario workplaces. The epiphany hit me when I was meeting with the Managing Director of a boutique law firm.

 

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Top 10 employment law developments in 2017

In 2017, the provincial legislature and Ontario judges continued to change Ontario’s employment laws. These changes resulted in higher payroll costs and a more regulated workplace. This blog briefly identifies 10 employment law developments from the past year.

 

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Case study: Why you need to periodically review your employment contract

A well-drafted employment contract is the best employment law investment an employer can make. It can enhance or expand management’s rights, and it can save the employer thousands of dollars in termination costs.

 

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Compliment or sexual harassment: Where do you draw the line?

Despite a number of legislative initiatives that are intended to reduce and ultimately eliminate sexual harassment in society, sexual harassment continues to be a problem in Ontario’s workplaces.

 

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An employer’s duty to inquire into mental illness

Accommodating a mental illness does not only benefit the employee, but it also makes good business sense. Enabling employees with mental illness to access support can increase their productivity in the workplace.

 

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OHSA in wonderland: Through the looking glass

If an employee alleges a violation of section 50 of the Occupational Health and Safety Act (“OHSA”) then the employer must prove there has been no violation. This is called a reverse onus clause which means an employer must prove it did not violate OHSA. After a brief summary of the remedies that are available to employees under section 50 of OHSA, this blog discusses three recent cases.

 

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What to do when the MOL comes calling

This blog discusses a group of orders that a MOL inspector recently imposed on a small employer after an employee complained that she had been harassed at work.

 

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Tort of harassment: Employer ordered to pay employee $100,000

This blog discusses a case where a trial judge awarded an employee $100,000 general damages because the employer committed, among other things, the tort of harassment.

 

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Probationary period clause gets employer into hot water

Including a probationary period clause in an employment contract is not a good idea unless your organization is prepared to assess the suitability of the employee during the probationary period. Failure to do so can result in your organization being ordered to provide a probationary employee with common law reasonable notice of termination. This blog discusses one such case.

 

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