What happens when an employee subject to one-year contracts requests pregancy leave? The employee in this case had been working for the Community Justice Society in Nova Scotia on a one-year contract basis for two years. She asked for a meeting with the executive director because her contract was ending in a month’s [...]
Those of us that practice employment law understand that our Courts will not hesitate to deem a termination clause in an employment agreement unenforceable if they are provided with a reasonable basis upon which to do so. In recent times, we have seen two noteworthy cases that have dealt with termination clauses and been decided in favour of the employee. Employers and their counsel should be mindful of these cases as they implement employment agreements, if they hope to be able to rely upon them.
Did you know that the Employment Standard Act (ESA) applies to work performed outside Ontario that is a continuation of work performed in Ontario?
When a company purchases another business, it is important to consider the legal implications respecting the status of employees. The Ontario Superior Court recently decided a case regarding the validity of an employment contract where an employee had signed an agreement with his former employer but never executed a new agreement when the company was purchased by another business. The plaintiff argued that the employment contract only governed the previous employment relationship. The Court disagreed, finding that the terms of the employment contract still applied.
The three most viewed articles on HRinfodesk this week deal with the drafting of termination clauses to exclude benefits, a collision involving two employees in the employer parking lot entitling them to WSIB benefits and the right of employers to hire employees with certain language skills.
The recent decision by an Ontario Small Claims Court (Cao v. SBLR LLP) , even though only at the small claims court level and unlikely to set any legal precedent, is nevertheless a reminder to employers and employees alike that we often tend to assume things about the law which are not true, only to be surprised by the facts when an aggrieved employee decides to challenge an employer’s action.
The three most viewed articles on HRinfodesk this week deal with the court calling into question the termination without notice of a probationary employee, how the law around references is changing and how a mistake in a contract led to constructive dismissal.
Most people assume that they know what a probationary period is and how it works in Canada. Unfortunately, however, there are many misconceptions with respect to the law in this regard, and many employers unknowingly expose themselves to significant liability when they hire new employees.
An employee left work early for an emergency dental appointment without notifying her employer. Should the employee be terminated immediately?
The three most viewed articles on HRinfodesk this week deal with whether an employer had the right to terminate an employee’s employment without notice , how a government employee alleged discrimination on the basis of disability and the Ontario Labour Relations Board’s decision permitting the use of telematic devices to monitor company vehicles.
Does your vacation policy require employees to take time off in consecutive weeks? What does the law say? The answer: it depends on the jurisdiction.
Perhaps because of the increased press directed to union conflicts, or perhaps due solely to a misunderstanding of the employment relationship, many HR professionals perceive that they have the right to suspend an employee based on some perceived or actual misconduct by that employee. However, while most union contracts do provide the right of suspension to the employer, there is no similar right available at common law.
The recent loss of a Canadian government hard drive containing personal information of receivers of student loans and the ensuing class action lawsuit are a stark reminder of how easy it is to be exposed to the pitfalls of data security breaches. In this day and age, when company data is stored on small, mobile devices, all it takes is an absent-minded employee leaving their USB key or smarthpone on the subway.
The three most viewed articles on HRinfodesk this week deal with temporary layoff, why women receive less severance than men, and changes to first aid requirements under the Canada Labour Code.