Tuesday, July 5th, 2011
One of the difficulties faced by plaintiffs’ counsel in wrongful dismissal litigation is the length of time it can require to get a case to trial and obtain monetary compensation for the dismissed employee. Obviously, a plaintiff without a job is sensitive to the costs and delay which may result. This issue can often be addresses by way of a Motion for Summary Judgment.
Read the rest of this post »
Wednesday, June 8th, 2011
Under the provisions of the Ontario Employment Standards Act, every employee is entitled to a minimum of two weeks vacation after twelve consecutive months of employment. Of course, this is subject to…
Read the rest of this post »
Friday, June 3rd, 2011
This case is a stunning example of mistreatment of migrant workers: a live-in nanny recently launched a wrongful dismissal claim against her employer in the Ontario Superior Court seeking damages in the amount of $195,000 for breach of contract, unpaid wages, statutory holiday pay and vacation pay.
Read the rest of this post »
Friday, May 20th, 2011
Employees get a day off with regular pay or public holiday pay (depending on the province or territory of employment). If the employee is required to work on the holiday, the employee must be paid regular wages and get a substituted day off with pay at a later date (depending on the province or territory of employment).
Read the rest of this post »
Friday, May 13th, 2011
Despite being one of the most basic and fundamental legal protections employers can have, many employers do not use written employment agreements when they hire new employees.
Read the rest of this post »
Wednesday, May 11th, 2011
Ontario’s Employment Standards Act provides that in most circumstance, an employee who works more than 44 hours in a given week shall be paid at least one and one-half times his or her regular rate of pay for overtime hours worked. However, this simple rule can become complicated and lead to lawsuits, as several employers have found out recently due to their failure to pay statutory overtime.
Read the rest of this post »
Wednesday, March 30th, 2011
A recent Ontario case dealt with an employee’s misconduct that clearly amounted to just cause for termination; however, the employee was still entitled to termination pay.
Read the rest of this post »
Wednesday, December 8th, 2010
A Manitoba business owner was fined $33,500 for numerous workplace and safety violations which contributed to the death of a 15-year-old boy who was buried in burning asphalt.
Read the rest of this post »
Tuesday, December 7th, 2010
In Ontario, the Employment Standards Act (ESA) requires employers to pay at least time and a half for all hours worked by an employee in excess of 44 per week. Employers who, for different reasons, fail to pay overtime pay have faced two types of claims by employees…
Read the rest of this post »
Wednesday, October 13th, 2010
On October 5, 2010, the Ontario government introduced Bill 110, the Good Government Act, 2010, an omnibus bill that, if passed, would amend various pieces of legislation, including the Employment Standards Act, the Occupational Health and Safety Act and the Workplace Safety and Insurance Act. The changes include general housekeeping measures, as well as some technical improvements and modernization measures. Specifically, regarding the employment law related changes, schedule 7 of Bill 110 makes the following key changes…
Read the rest of this post »
Friday, September 3rd, 2010
Happy Labour Day! The history of Labour Day is connected…
Read the rest of this post »
Wednesday, June 30th, 2010
This year, Canada Day (July 1) falls on a Thursday. Unlike some public holidays, which shift dates in order to provide a long weekend, Canada Day is to be celebrated on the day it falls. This year, there has been much discussion of the fact that it creates a situation in which many people have Thursday off, and are then expected to return to work for one day before enjoying their weekend.
Read the rest of this post »
Monday, May 24th, 2010
Victoria Day, a public (statutory) holiday in some jurisdictions but not all…
Read the rest of this post »
Tuesday, May 18th, 2010
On May 17, 2010, the Ontario government tabled Bill 68, Open for Business Act, 2010. The aim of the Bill is to…
Read the rest of this post »
Monday, May 17th, 2010
The third session at First Reference’s Ontario Employment Law Conference on June 2, 2010, covers managing absenteeism. When dealing with absenteeism, employers must respect the protected leaves under the Employment Standards Act, as well as the accommodation rules found under the Human Rights Code and Workplace Safety and Insurance Act.
Read the rest of this post »
Copyright © 2012 - First Reference | Entries (RSS) | Comments (RSS) | Twitter | Facebook
WordPress theme designed by 
web design
