Articles 2019

Today
Today
Employer Flexibility Does Not Modify the Employment Contract

Employer Flexibility Does Not Modify the Employment Contract

  • November 27, 2019
  • Justin P’ng, Fasken Martineau DuMoulin LLP

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.

Labour and Employment Law, Student Forum
Termination Clause Waiving Past Service Void as per ESA and a Savings Clause Does Not Help

Termination Clause Waiving Past Service Void as per ESA and a Savings Clause Does Not Help

  • November 27, 2019
  • Barry B. Fisher LL.B.

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."

Labour and Employment Law, Student Forum

Welcome to Your Section Newsletter - 2019-2020

  • October 31, 2019
  • Gregory Ko, Kastner Law, and Esi Codjoe, Turnpenney Milne LLP

Welcome to the first edition of the 2019-2020 Labour & Employment Section newsletter. Read on to learn what is in store for this year's newsletter.

Bill 148 Update: On the Chopping Block

Bill 148 Update: On the Chopping Block

  • November 23, 2018
  • Marc Rodrigue, senior associate, Fasken

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,

Labour and Employment Law, Student Forum
Lessons from U.S. Sexual Harassment Class Actions for Canadian Employers

Lessons from U.S. Sexual Harassment Class Actions for Canadian Employers

  • October 03, 2018
  • Lisa K. Talbot, Sarah E. Whitmore and Morag McGreevey

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.

Labour and Employment Law, Student Forum
Sexual Harassment and Intimidation at Work are “Not Connected to Employment,” Court Finds

Sexual Harassment and Intimidation at Work are “Not Connected to Employment,” Court Finds

  • October 03, 2018
  • Inna Koldorf

In its recent decision in Watson v. The Governing Council of the Salvation Army of Canada, the Ontario Superior Court of Justice found that sexual harassment, intimidation and other "improper conduct" at work were not connected to employment. Inna Koldorf reviews this decision, highlighting the implications for employers.

Labour and Employment Law, Student Forum

Contracts in the Court of Appeal: Right Decision – Using “Good Faith” in Lieu of Hard Line

  • May 22, 2018
  • Roselyn Kelada-Sedra, Sabsay Lawyers

Would you rather count on “good faith” from your boss or know what can lose you your job and what can’t? Sabsay Lawyers recently won a favourable decision at the ON Court of Appeal in the area of contract law, right on the verge of employment law, that brings this question to the forefront.

Civil Litigation, Labour and Employment Law, Student Forum
Federal Government Introduces Legislation to Address Violence and Harassment in the Workplace

Federal Government Introduces Legislation to Address Violence and Harassment in the Workplace

  • May 10, 2018
  • Matthew Craig

In the wake of the #MeToo campaign, which has grown to include several shocking revelations of sexual harassment on Parliament Hill, the Government of Canada has introduced Bill C-65 – An Act to amend the Canada Labour Code (harassment and violence), the Parliamentary Employment and Staff Relations Act and the Budget Implementation Act, 2017, No. 1.

Labour and Employment Law, Student Forum