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Statutory Complaints Articles
Changes to Ontario's Human Rights Regime to impact litigants
Since the mid-90’s, dissatisfied litigants of Ontario’s human rights regime have bemoaned its apparent shortcomings. A blend of limitations, owing their origins to the faulty composition of Ontario’s current human rights legislation, have ultimately left discrimination complainants without adequate redress. Complainants before the Human Rights Commission wait years before a resolution is reached, or imposed. Conversely, since the Commission lacks adequate discretion to immediately dismiss unmeritorious complaints, innocent corporate respondents are burdened with defending marginal complaints....[read more]
Clearing up misconceptions - Mistakes can be avoided
Canadian employers don’t always get to call all the legal shots. Despite workplace laws favouring their legal position, errors made in managing their human resources can put their company’s name on the front page of my next statement of claim. Here are my five favourite employment law mistakes that a company can make, followed in my next column by the top five mistakes employees can make at work....[read more]
Human rights claims no longer garden variety
Canadian employers have historically taken an ignorant view of human rights tribunals and their often remarkable decisions. But that may be about to change. Because of sweeping changes to human rights legislation and left-leaning adjudicators directed to interpret remedial legislation, such as employment standards and human rights laws, in a broad and inclusive manner, employers should not be so unconcerned....[read more]
Keep emotions in check if fired
In February, my client Dave was fired. He never saw it coming. "When I got to work, my boss and HR (department) asked to meet with me. I was told that the decision had been made to terminate my employment. I was shocked," he told me. " I was sent home in a cab and told my personal belongings would be shipped to me. I wasn't allowed to say goodbye to anyone." Dave had been employed as a sales agent with a large manufacturing company for five years and had felt his career was finally turning the corner....[read more]
Labelling employees as contractors doesn't necessarily make it so
Customs used to define Canadian employment law – not contracts. When there was a workplace dispute, judges would decide cases based on what was reasonable or just or what the parties would have agreed to if they had thought about the issue from the outset. Customs, however, have been replaced by comprehensive employment contracts and lawsuits for wrongful dismissal. Now, instead of being asked to consider what’s most reasonable or fair, judges are asked whether a contract applies and, if so, what its terms represent. But what happens when a contract doesn’t accurately portray the true nature of an employee’s job? As La-Z-Boy Canada Ltd. recently learned, sometimes employees are not bound by the agreements they have agreed to....[read more]
Maternity Leave can thwart dismissal
It is one of the least understood – and most contentious – issues in employment law. An employee is fired either shortly before, or during, her maternity leave....[read more]
Overtime pay required
Most of the Canadian workforce is not paid for the minutes or hours that are actually worked. Such dedication may be desirable to employers – but that does not necessarily make it legal....[read more]
Pregnancy and Parental Leave Raise Legal Issues
What are you rights when it comes to a pregnancy and parental leave? Recently, I received an e-mail from a Metro reader asking this question. In the correspondence, she explained that after returning from maternity leave, her employer informed her that the company had restructured during her absence, and as a result, she would now have to accept a different job than she previously held. The new job, she noted, was a significant demotion in terms of status and responsibilities. Yet, when she complained, she was told that she either had to accept it or resign. ...[read more]
Provincial Ministry of Labour may go too far
An individual's experience, related below, provides an example of why you should be careful when you call the Ministry of Labour. Following her termination, an individual contacted the provincial Ministry of Labour, seeking advice about her situation. She had not yet contacted a lawyer and the ministry representative who was randomly assigned to pick up the phone did not immediately encourage her to do so. ...[read more]
When can an employee's paycheck be docked
Blamed for stealing over $1,300 in cash from his till, lifelong bartender and cashier, Mark Hall, was immediately shown the door. Sadly, with only enough money left to pay his rent, Hall was totally dependant on his final paycheck just to get by. But when Hall’s employer docked his pay for the missing funds, surprisingly it was Hall who had the last laugh. As Hall’s employer learned, docking a former employee’s paycheck can be more than just costly, it can be illegal. Hall worked as a bartender in Haliburton, Ontario. He was fired after his employer discovered a shortfall of over $1,300 from two busy shifts that he had worked. Hall eagerly awaited his final paycheck but much to his dismay, it came up short too; to the tune of the $1,300 his employer claimed he had taken. ...[read more]