April 2021

YES.  It does not matter how you are paid, be it hourly, or salary paid weekly, bi-weekly or monthly, you are by default entitled to overtime pay under Part VIII of the Employment Standards Act (“ESA”). You would also be entitled to premium pay and public holiday pay.  Being paid via salary has many advantages. There are likely no longer issues of scheduling shifts and not knowing how much each paycheck will be. Salary also carries an implicit degree of job security, as the employer is committing to a longer-term relationship.  However, some employees have the critical misconception that they…

Being terminated is a terrifying process. In the words of the former Chief Justice Dickson of the Supreme Court of Canada in 1987, Work is one of the most fundamental aspects in a person’s life, providing the individual with a means of financial support and, as importantly, a contributory role in society. A person’s employment is an essential component of his or her sense of identity, self‑worth and emotional well‑being. Your livelihood, your daily routine, and your plans for the future are all tied up in work. At least some of your self-worth or self-identity will vanish when you’re terminated….

When people call our firm, they will have something particular on their minds. Usually, it is a recent termination or other workplace issues. Why else call a law firm in Hamilton, Ontario? We are not known for our 5-star meals or wide array of garden furniture.  Many people will look at their situation and narrow what they want to know down to a single question. Often that question is, “Is my termination package fair?” It will then be understandably frustrating when a lawyer will not answer that simple question, which the caller feels has a one-word answer. Why can’t a…

A common trope in popular culture is the deal with the devil, where a person signs away their soul for something. The usual result is that the devil tricks them, and the promised reward is not what they were expecting or had agreed to.  This would not be enforceable in Canada, and a client could sue for their soul back, performance of the contract so what they thought they were getting is delivered, or monetary damages for the loss of their soul and failure to receive what was agreed to, or combinations of the above.  A large reason this trope…