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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

Can an employee refuse a recall from a temporary layoff?

Contrary to popular belief, a temporary layoff generally constitutes a wrongful dismissal which requires an employer to pay the laid off employee termination pay.

 

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Wrongful dismissal update: Recent case is a cause for concern

frustrated-cause-for-dismissal

It is increasingly difficult for employment lawyers to assess an employer’s potential legal liability in connection with an employee termination.

 

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Top 10 Ontario employment law stories of 2018

In 2018 there were many new developments in the employment law world. Here are my top 10 stories of
the year:

 

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Mandatory postings in workplaces

There are several documents that are mandatory postings for all workplaces, while others depend on the nature of the business and the hazards present in the workplace.

 

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Cannabis legalization: Behind the smoke and mirrors

Whether you were looking forward to October 17, 2018 or whether you were dreading it, the recreational use of cannabis is now legal in Canada.

 

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Permanence requirement discrimination on the basis of citizenship

Imperial Oil Limited recently found out the hard way that imposing a Canadian citizen permanence requirement as a job qualification can be a costly mistake.

 

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Will a judge enforce the termination clause in your organization’s employment contract?

Although it is theoretically possible to limit an employee’s rights on termination to ESA minimums, it is difficult to do so in practice because trial judges are reluctant to enforce them.

 

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Don’t let cannabis laws leave you dazed and confused

The intersection of issues surrounding cannabis at the workplace including health and safety considerations, the duty to accommodate, and the complex area of drug testing can result in the need for legal advice on how to create a reasonable and enforceable drug and alcohol policy.

 

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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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