Employment Law

Whenever the economy takes a downturn, people are more likely to lose their jobs. But does the state of the economy affect the reasonable notice period an employee is entitled to? As it turns out, it does. The fact that poor economic conditions increase the reasonable notice period can be traced back to the landmark case, Bardal v Globe and Mail Ltd. (1960), 24 DLR (2d) 140 (ONSC). This case sets out the basis for determining the reasonable notice period. Bardal holds that one of the key factors that shape the reasonable notice period is “the availability of similar employment”….

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…

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.  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 considered laid off.  Normally under s. 56 of the Employment Standards Act (ESA), if either of the above were to happen for longer than 13 weeks in a consecutive…

In this digital age where 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 depend…

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,…

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 be 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…

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…