Articles 2020

When dismissing an employee, Canada Labour Code (“Code”) governed employers face different legal considerations than provincially regulated employers.

It is a fact of life. Employees sometimes need flexibility to start or leave work at different times than originally agreed with their employer. Sometimes this is because of child care issues. A recent appellate decision, Peternel v. Custom Granite & Marble Ltd., confirms that employer flexibility in granting occasional requests does not always modify the underlying employment contract.

In Groves v. UTS Consultants Inc., 2019 ONSC 5605, the Ontario Superior Court of Justice held that a termination clause, which was found to contract out of the Ontario Employment Standards Act, 2000 (the ESA), could not be read to comply with the ESA despite containing a "saving clause."

On October 23, 2018, the Ontario government introduced Bill 47 - the Making Ontario Open for Business Act, 2018. In this article, Marc Rodrigue reviews the changes to the province's employment standards and labour relations legislation that will result from Bill 47 once adopted,

The #metoo movement has crystallized the need for employers to actively mitigate the risk of sexual harassment and discrimination class actions. The flood of sexual harassment class actions in the U.S. demonstrates the urgency of this issue. In this article, the authors identify trends emerging from U.S. sexual harassment and discrimination class actions which are or could be making their way to Canada; and they identify lessons learned and proactive advice for employers.