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Ghosting the Employee- Postponing the Problem of Covid-19 Layoffs
Monthly Archives

March 2021

Ghosting the Employee- Postponing the Problem of Covid-19 Layoffs

By Employment Law

You’ve been sitting at home staring at your phone and waiting for them to call and answer your messages. At first, it was a week. Then a month. And now you’re here. You weren’t ghosted by your date. You’ve been ghosted by your employer.  On Thursday, September 3, 2020, the Government of Ontario made a public announcement regarding their further extension of the Covid-19 period for O. Reg. 228/20: Infections Disease Emergency Leave. Under s. 6 of the regulation, if an employee’s hours of work or their wages are reduced or eliminated during the Covid-19 period, they will not be…

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Are Uber Drivers Employees?

By Employment Law

In this digital age where the technology is revolutionizing the gig economy, food delivery and the taxi industries have been taken over by mobile apps. Uber is a popular multinational ride-hailing company that operates in Ontario. The drivers and riders may arrange for rides through the Uber mobile app, which also facilitates payments. The independent contractor drivers are a part of a growing gig economy, where workers may choose to accept each ride assignment at their own time. Uber drivers range from those who take the occasional, part-time gig to earn some cash on the side to full-time drivers who…

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What Happens if my Employer Goes Bankrupt?

By Employment Law

When an employer declares or is declared bankrupt, or goes into receivership, it can be terrifying for an employee. Not only will employees be about to or already have lost their job, but because a bankruptcy event has occurred there are not enough funds to pay everyone owed. At the bare minimum a final paycheck will be owed, but often months of pay or other entitlements will be unpaid. Employees can easily come to the wrong conclusion about their rights in this situation. Given that they will be competing with banks and large corporations who will have extensive legal agreements,…

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Do Employment Releases Apply to Sexual Harassment?

By Employment Law

When employers and employees settle disputes relating to the cessation of the employee’s employment, the employee will generally be required to sign a release document that will prevent him or her from bringing any claims or applications against the former employer relating to his or her employment. Although straightforward on its face, sometimes it can difficult to determine when an issue is employment-related for the purposes of such a release. In Watson v. The Governing Council of the Salvation Army of Canada, 2018 ONSC 1066, the Ontario Superior Court of Justice had to determine whether sexual harassment in the workplace…

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“Consideration” and Employment Law – How Archaic Legal Principles are Still Relevant to Very Modern Legal Problems

By Employment Law

An employment contract is the central document that binds both parties, by setting out their legal obligations and responsibilities. When a dispute arises, a judge analyzes the contract to try and determine what the parties agreed to. A contract of employment can exist between parties, even if it has not been reduced to writing. After-all, if the employee is performing work, and the employer is paying for the work, there is an agreement between the parties. Employment relationships that are not reduced to writing are often more favorable to the employee, especially because in most cases, a written contract serves…

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