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Is a Conflict of Interest Cause for Dismissal?

September 17, 2018 | No Comments

Being involved in a conflict of interest within an employment relation is grounds for dismissal. This is because an employee has an implied duty of loyalty and good faith when providing service so that the … Read More

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How Does an Employment Contract Become Legally Binding?

How Does an Employment Contract Become Legally Binding?

September 17, 2018 | No Comments

If a court were to analyze any terms of the employment contract in a case for damages, the court would seek to determine whether the contract was enforceable. One key question asked during this analysis … Read More

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Due Diligence and Health and Safety in the Workplace

September 10, 2018 | No Comments

Due Diligence is a legal defence against charges under the Health and Safety laws. Due diligence means that an employer has taken every reasonable precaution and measure in the circumstances to prevent or limit the … Read More

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Ask a Lawyer-Pilot

September 6, 2018 | No Comments

Here is the recap of our live broadcast with Daniel Lublin answering questions about severance and other employment  law issues in the workplace.

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Is There a Standard Formula for Common Law Notice

Is There a Standard Formula for Common Law Notice

August 21, 2018 | No Comments

Employment law entitlements are bare minimum guarantees. If not subject to a termination clause which limits termination pay to statutory entitlements, then employees are owed common law notice. Common law notice uses the Bardal factors … Read More

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Dismissed for Just Cause-Should An Employer Offer a Favourable Reference?

August 15, 2018 | No Comments

When an employee is dismissed for just cause, this means that the dismissal is justified due to misconduct. In such instances, an employee would not be entitled to notice pay, which is the amount that … Read More

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Requesting Proof for Personal Emergency Leave from an Employee

Requesting Proof for Personal Emergency Leave from an Employee

August 9, 2018 | No Comments

Under the Employment Standards Act (ESA), employees are entitled to 10 personal emergency leave (PEL) days per year (the first 2 days must be with no loss of pay) for qualified urgent matters. Employers are … Read More

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Health and Safety in the Workplace: Heat-related Illnes

Health and Safety in the Workplace: Heat-related Illnes

August 9, 2018 | No Comments

During the summer months, it is important that workers required to work outside or in confined spaces with poor ventilation are provided reasonable measures to prevent heat-related illness. This is especially the case for workers … Read More

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Dismissing an Employee Without Prior Warnings: A Case of Dishonesty

Dismissing an Employee Without Prior Warnings: A Case of Dishonesty

August 7, 2018 | No Comments

Employers must use progressive discipline before summarily dismissing an employee for misconduct, thereby not owing to the employee any severance payment. There is an exception, however, for acts of severe misconduct. Such misconduct must be … Read More

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Intersection Between Personal Emergency Leave and the Duty to Accommodate

August 1, 2018 | No Comments

Under the Employment Standards Act (ESA), employees have the right to 10 days of job protected time off for personal emergency leave (PEL). This includes leave for ‘urgent matters’ or illness, injury or medical emergency … Read More

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