There are many rules and regulations that employers must follow to ensure workplace safety. The Ministry of Labour has just announced new rules relating to the Workplace Safety and Insurance Act (the “Act”), which make it even more important for employers to be aware of and comply with all of the rules contained within the
Gabriel Granatstein
Ontario Court of Appeal accepts that the duty to mitigate is not unlimited
How far does a wrongfully dismissed employee have to go to mitigate his or her losses? The Ontario Court of Appeal recently held that an employee is not required to accept employment that is not comparable with the employee’s previous job, having regard to the position’s status, hours and remuneration.
In this decision, the plaintiff …
Keep it Fresh: Consideration in Employment Contracts
Employers will often have employees sign employment agreements after they start working. This can be very problematic in the long run, as highlighted by the Ontario Court of Appeal in Holland v Hostopia.com.
In Holland v Hostopia.com, the employee accepted a written job offer, which contained a statement that he would have to…
Successor Rights: When you buy a business, does the union come with it?
A purchaser looking to buy an existing business usually considers factors such as the potential target company’s market share, product or service offerings, goodwill, and overall profitability. But one factor that must not be forgotten is the employees. In particular, if the vendor’s workforce is unionized, there are significant labour relations consequences that flow from…
When will a court to find that two entities are a “common employer”?
The “common employer doctrine” recognizes that an employee can have a number of employers. The doctrine has the effect of preventing an organization from arranging its corporate structure in way that attempts to circumvent its legal obligations to its employees.
The common employer doctrine comes into play when an employee seeks damages for wrongful dismissal …
Sale of Business in Ontario Under the ESA
Historically, it was well established at common law that the sale of a business severed the employment relationship between the business that was being sold and the employee. The rationale behind this common law principle was the protection of an individual’s autonomy. The courts rejected the idea that workers could be bought and sold. However,…
Freedom of Association and the Ontario Medical Association
Last week, the Ontario Medical Association (“OMA”) challenged the constitutionality of the provincial government’s decision to cut fees for doctors. The OMA is relying on section 2(d) of the Charter of Rights and Freedoms (the “Charter”) which expressly protects freedom of association – a right most often invoked by trade…
Halloween and human rights in the workplace
Office Halloween parties and costume contests are a fun way to celebrate this time of year. However, offensive costumes will ruin the fun and, more importantly, could even result in a human rights complaint, the consequences of which are likely to haunt an employer long after October 31st.
In Ontario, the Human Rights …
Ontario Ministry of Labour targets unpaid internships in its latest blitz
The Ontario Ministry of Labour (“MOL”) recently announced that it is undertaking an enforcement blitz focusing on unpaid internships. Between now and December 31, 2015, employment standards officers from the MOL will be visiting workplaces that have internship programs to ensure compliance with the Employment Standards Act, 2000 (“ESA” or “the Act”).
In…
The Ontario Human Rights Commission, Gender Identity, Gender Expression and the Workplace- Part 3
Does your workplace have gender-neutral washrooms? Does your workplace have a dress code that accommodates all forms of gender expression? These are just two of the questions raised by the Ontario Human Rights Commission’s (“OHRC”) Policy on Preventing Discrimination because of Gender Identity and Gender Expression (the “Policy”). In the first post, we…