Articles 2022

Aujourdʼhui
Aujourdʼhui
Bill 148 Update: On the Chopping Block

Bill 148 Update: On the Chopping Block

  • 23 novembre 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,

Droit du travail et de l’emploi, 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

  • 03 octobre 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.

Droit du travail et de l’emploi, Student Forum

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

  • 22 mai 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.

Litige civil, Droit du travail et de l’emploi, Student Forum
Severing a Single Sentence: The Interplay of the Employment Standards Act and Severability Clauses

Severing a Single Sentence: The Interplay of the Employment Standards Act and Severability Clauses

  • 13 février 2018
  • Dena Varah

Employers sometimes rely on severability clauses to hedge against the risk that clauses in employment contracts could be found to run afoul of the Employment Standards Act and be unenforceable as a whole. However, in a recent decision, the Ontario Court of Appeal signalled that these clauses have limited effect when parties include terms in agreements that contract out of minimum employment standards.

Droit du travail et de l’emploi
Bill 148 and Construction Employers

Bill 148 and Construction Employers

  • 13 février 2018
  • Sydney Kruth

The most significant changes to the ESA in more than fifteen years were recently implemented pursuant to Bill 148. This article has provided an overview of the construction-specific standards and exemptions introduced by Bill 148 and the newly amended Regulations to the ESA.

Droit du travail et de l’emploi
Classification of Workplace Relationship – Treading on Thin Ice?

Classification of Workplace Relationship – Treading on Thin Ice?

  • 12 février 2018
  • Shefali Rajaputra

This article discusses the decision of the Ontario Superior Court of Justice in Fisher v. Hirtz, which ruled on the issue of ‘employee versus independent contractors’ and highlighted the common law principles for differentiating employees from independent contractors and dependent contractors.

Droit du travail et de l’emploi
A Lesson in Mass Termination – New Decision Affirms Importance of Notifying the Ministry of Labour and Securing Adjustment Services

A Lesson in Mass Termination – New Decision Affirms Importance of Notifying the Ministry of Labour and Securing Adjustment Services

  • 17 novembre 2017
  • Genevieve Cantin

In the recent decision Wood v. CTS of Canada Co., the Ontario Superior Court provided useful guidance to employers, unions and employees caught up in a mass termination. The Court emphasized the importance of providing proper early notice to the Ministry of Labour and securing adjustment services for affected employees.

Droit du travail et de l’emploi
The Impact of Post-Dismissal Employer Conduct

The Impact of Post-Dismissal Employer Conduct

  • 02 octobre 2017
  • Jon Pinkus

In most cases, an employer’s liability will be based on the circumstances existing at (and at times, leading up to) the date of dismissal. Occasionally, however, an employer’s liability may be exacerbated by poor decision-making after the employee has left the building. Over the past twelve months, the Ontario Superior Court of Justice has released several decisions that provide a useful outline of how this can happen.

Droit du travail et de l’emploi