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Employment Law Articles

16th Feb 2018

When claiming the tort of intentional infliction of nervous shock against an individual, it must be proven that the act was intentional and that there was mental and/or physical suffering. It does not matter, however, … Read More

9th Feb 2018

Generally speaking, courts have been more sympathetic towards employees dismissed for intoxication; this is due to human rights tribunals viewing drug and alcohol addiction as a disability protected by prohibited grounds of discrimination under human … Read More

When a company has more than one location in jurisdictions with different employment legislation, typically the jurisdiction in which a particular employee works will also be the law that applies to their employment contract. This … Read More

8th Feb 2018

Under Ontario Health and Safety legislation, harassment in the workplace is defined as “engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to … Read More

31st Jan 2018

Just cause means that an employee has engaged in misconduct so severe that the employer can choose to immediately terminate the employee. When an employer dismisses an employee for ‘just cause’, the employee is not … Read More

26th Jan 2018

All employees in Ontario who are covered by the Employment Standards Act, 2000 (the “ESA”) must receive a copy of the one-page Ministry of Labour poster entitled “Employment Standards in Ontario” from their employer within 30 … Read More

23rd Jan 2018

Under Ontario Health and Safety legislation, employees have a right to refuse work they reasonably believe to be unsafe. This includes the right to refuse unsafe work on the basis of violence. The act of … Read More

To determine the enforceability, the courts will examine whether the parties to the employment agreement contemplated the term/clause in question before the employment relationship (ie. the first day of work) began. This usually means the … Read More

Often, discipline in the workplace is seen as punishment. However, discipline in the workplace is not intended to be punitive in most cases. Discipline in the workplace must follow two general guidelines: discipline must be … Read More

17th Jan 2018

Under the law, independent contractors are not covered under employment law as they are not bound to a particular employer. Rather, they are seen as more powerful than dependent contractors or employees, with more leverage … Read More