Blog - Employment Contracts
Looking to stay up to date on the latest news and information regarding employment law and how it impacts your workplace situation. Use our information centre to find informative blogs, media commentary, Globe and Mail articles and other helpful resources to ensure you understand your workplace rights.
An employment contract is a contract between you and your employer that outlines and guides the terms of your employment and working relationship with your employer. It may include terms regarding compensation, hours of work, probation period, termination, post-employment restrictions, vacation, bonuses, and shareholder agreements.
Why do employers need written employment contracts?
In today’s evolving workplace, the importance of well-written employment contracts cannot be overstated. If you’re an employer looking to protect…
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Do I Get Paid For Leave of Absence in Ontario?
For provincially regulated employees, the Employment Standards Act, 2000 (the “ESA”) provides for entitlements to leave from your job, for…
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Can My Employer Force Me to Change Roles or My Job?
An employment relationship is governed by an employment agreement, whether in writing or verbally made. As a result, there are…
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Can My Employer Make Me Pay for Damaged Equipment in Ontario?
It is a common concern among employees: What happens if you accidentally damage company equipment? Can my employer make me…
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Canada Temporarily Changes Employment Insurance in Response to Tariffs
In response to the current trade war between the United States and Canada, the federal government has introduced several temporary…
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Can My Employer Dictate How I Take My Vacation Days?
Have you ever had your employer reject your vacation request? Did that make you wonder to what extent can my…
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Can My Employer Reject My Resignation?
If you have found a better job or simply no longer wish to work for your current employer, the question…
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Can an Employer Make You Move to Keep Your Job?
Moving is a challenge in the best of times. It often means uprooting yourself from your support networks, arranging the…
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What is Collective Agreement in Labour Law?
If you’re part of a unionized workplace in Ontario, your rights at work don’t just come from company policies or…
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I’m Off the Clock – Can My Employer Monitor My Personal Device?
Can my employer monitor me outside of work hours? In an increasingly hybrid world, many employees take their technology home…
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Do You Have to Give Notice for a Layoff?
Your Layoff Questions, Answered Layoffs. It’s a word dreaded by workers across industries because it’s the kind of situation that…
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Can a Company Layoff and Hire at the Same Time?
Layoffs are never easy. Despite being necessary for some businesses, they are often a contentious issue for affected employees because…
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How to Handle Disputes in a 50/50 Partnership
A dispute can quickly create a once unfathomable rift between longtime business partners. Even in relationships that go back for…
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Can an Employer Force Mandatory Overtime?
What Is Overtime Pay in Ontario? Overtime pay can be a boon for employees trying to make the most they…
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Employment Rights in Canada: Protecting Your Wealth in the Workplace
A Note to Our Readers At Whitten & Lublin, we’re dedicated to empowering working Canadians with the knowledge they need…
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Restrictive covenants, loose ends: the slippery slope of contract missteps
Special to HRD The legal landscape of employment agreements in Canada continues to evolve, presenting challenges for employers and employees…
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Big Changes to the Occupational Health and Safety Act
On October 28, 2024, the Ontario government passed the fifth iteration of the Working for Workers Five Act, 2023, which…
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Can Ontario Paralegals Advise on Employment Law Matters?
Many people assume paralegals can handle a wide range of legal issues, including employment law. But in Ontario, it’s not…
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Starbucks Demands Return: Are Your Rights Brewing?
What does your employment agreement say about return-to-office? Starbucks is the latest of many employers to bring down the hammer…
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Do You Have the Right to Work From Home?
In September 2024, Amazon announced that its employees would need to return to the office five days a week effective…
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What is the Capital Punishment of Employment Law?
Being terminated for cause is often referred to as the “capital punishment of employment law.” This isn’t just a dramatic…
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How to Stay Compliant With Employment Laws: A Guide for Employers in Ontario
In many businesses, people tend to be focused on hitting performance targets or managing day-to-day tasks. Whether it is meeting…
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Wage Deduction Dispute under the ESA: Courtroom Victory
Overview A car dealership unilaterally reduced an employee’s monthly commissions for losses it allegedly suffered from fraudulent credit applications submitted…
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Can an Employer Track Your Location or Is It a Breach of Privacy?
Why Pricewaterhouse started tracking their employees? On September 10, 2024, PricewaterhouseCoopers (PWC) announced that it would start tracking where its…
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Can My Employer Force Me to Return to Work in Office?
Amazon recently announced a full return-to-office (“RTO”) policy, effective early 2025. This marks an end to the hybrid policy from…
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Why is Meta’s Restrictive Clause Unlawful?
In the evolving landscape of employment law, restrictive clauses in contracts often come under scrutiny. A recent ruling by the…
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How Do Equal Employment Opportunity Laws Protect Job Applicants?
Imagine sitting down for a job interview, your heart racing with excitement for the possibilities ahead. You’ve prepped your resume,…
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What Should You Consider Before Signing an Updated Employment Contract?
What does fresh consideration mean regarding updated employment contracts? When signing a new employment agreement or amended agreement with the…
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Can an Employment Contract Supersede Law?
Imagine this: you’ve just been handed an employment contract for a promising new job. It’s tempting to skim through and…
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What’s Allowed When It Comes To Tracking Employee Work Locations?
Published By: HR Reporter Like many employers, PwC is figuring out its hybrid work policy now that the pandemic is…
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Restrictive Covenant & Confidential Information Dispute
Overview Stephen Wolpert and Athanasios Makrinos, partners at Whitten & Lublin PC, successfully defended Fabio Folino, a former employee of…
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Can I Collect EI On Temporary Layoff?
A common question that many employees who are laid off ask is whether they can collect employment insurance (EI) benefits…
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Legality of Restrictive Clauses in Separation Agreements
Separation agreements play a crucial role in understanding the terms of an employment relationship, offering compensation, expectations and outlining terms…
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Quiet Vacationing: The New Trend in Time-Off
In today’s fast-paced work environment, where burnout and stress are rampant, employees are exploring innovative ways to balance work and…
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How to Report an Employer for Breaking Labour Laws
In Ontario, your workplace should be a place of respect, fairness, and safety. But what happens when it isn’t? Imagine…
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What is Redundancy in Employment Law?
Redundancy occurs when a position within a company is no longer necessary. This could be due to restructuring, adopting new…
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Restrictive Covenants in Employment Law: What Are They?
What are restrictive covenants in employment law? Restrictive covenants in employment law are terms in employment contracts, also known as…
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What Are The Severance Pay Laws for Remote Workers?
What is a Remote Worker? A “remote worker” is generally an individual who works for their employer remotely rather than…
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What is a Common Law Employer?
A common question many employees ask is the difference between entitlements under the Employment Standards Act, 2000, S.O. 2000, c.…
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What Employment Laws Apply to Remote Employees in Canada?
For many Canadians, remote working quickly became the norm following the COVID-19 pandemic, transforming their day-to-day lives. Although remote work…
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Does Your Company Need an AI Policy?
Artificial Intelligence (“AI”) is rapidly transforming workplaces in Canada. In a survey conducted in 2023 by KPMG, 22% of respondents…
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Do Employment Laws Apply To Volunteers?
The Ontario Employment Standards Act, 2000, S.O. 2000 c. 41 (the “ESA”) is silent when it comes to volunteers, but…
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Ontario’s New Non-Compete Law: What It Means for You?
What significant changes to non-compete laws took effect in Ontario in 2021? In 2021, significant changes to non-compete laws took…
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LCBO Workers Strike: The Impact on Ontario
What is the current status of the LCBO workers’ strike? The ongoing strike by the union representing Ontario liquor store…
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Electronic Monitoring: Employers Are Catching Sneaky Employees!
How Has Remote Work Increased the Use of Monitoring Technology? The rise of remote work has led to a corresponding…
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Parental and Maternity Leave Top-Up Benefits
Having a child can be one of life’s most joyous milestones, yet for some, this anticipation is accompanied by feelings…
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Non-Disparagement Clauses: Their Impact on Contracts
Why were employees afraid to speak out after leaving OpenAI? In recent news, OpenAI has made headlines by revising its…
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Return-to-Work Policies: A Guide for All
What Are the Legal Requirements for Occupational Health & Safety (OH&S) Policies? As many workplaces continue to shift back to…
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What are the Planned and Proposed Changes to the ESA?
The Ontario government is proposing new legislation that aims to increase fines under the Employment Standards Act (ESA) and enhance…
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Non-competes are becoming outlawed, but you might still be bound by one
Published By: THE GLOBE AND MAIL Traditionally, workplace non-compete agreements are difficult for employers to legally enforce, but that hasn’t stopped…
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The Employer’s Guide to Robust Employment Contracts
Why are robust employment contracts essential in today’s job market? In today’s dynamic employment landscape, where over 7 in 10…
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Remote Work: Understanding CRA Guidelines
Remote work arrangements have risen in the post-COVID era, and with the CRA’s new guidance for remote work as of…
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Employee Benefits: Essential Insights for Employers
In today’s competitive job market, enhancing employee benefits is critical for retaining and recruiting top talent, as well and fostering…
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The Costly Risks of Termination Clauses
One of the most critical yet often misunderstood aspects of employment law in Ontario is the enforceability of termination clauses…
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New Canada Labour Code Paid Medical Leave Provisions
What are the new paid medical leave entitlements under the Canada Labour Code? Since December 1, 2022, significant changes have…
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Workplace Policy Pitfalls: Cost of Miscommunication
What Are the Consequences of Not Communicating Workplace Policy Clearly? An early 2024 case has demonstrated the risk that comes…
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Strategies for Employers to Enhance Employee Benefits
In today’s competitive job market, employers looking to gain an edge in hiring can do so by looking for ways…
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‘They better have all their ducks in a row’
It was a news release that quickly made headlines beyond Canada: RBC had dismissed its CFO and an interim CFO…
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Impact of Non-Solicitation Clauses: A Case Study
In Catch Engineering Partnership v. Mai, 2023 ABKB 279, the Alberta Court of King’s Bench awarded $112,320 in damages against…
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Truth of the Canadian Job Market in 2024
What are the current dynamics of the Canadian job market in the first half of 2024? As we traverse through…
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Importance of Having Your Employment Contract Reviewed
What are the potential risks of overlooking the review of your employment contract? 81% of Canadian professionals will be seeking…
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Workers should second guess new contracts as courts crack down on severance-limiting clauses
Published By: THE GLOBE AND MAIL Ask any business owner who has been sued for wrongful dismissal, what is the one…
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Post-Waksdale: Importance of Employment Contract Review
In the aftermath of Wakedale, it has become more important than ever for employers to get their contracts reviewed by a…
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The Potential of Virtual Lawyers
In the ever-evolving landscape of employment law, having instant access to legal guidance is no longer a luxury-it’s a necessity.…
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Your Employment Contract – Can They Hold You to a Job?
Can You Resign Immediately After Signing a New Employment Contract? What do you do when you just signed a new…
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Remote Work Realities and the Grindr Effect
Can employees choose remote work without it being explicitly in their employment agreement? With many Canadians having grown accustomed to…
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Contract Trends Heading into 2024
Are Millennials and Gen Z Living Paycheck to Paycheck? Increased cost of living and overall economic uncertainty have many Canadians…
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The Pitfalls of ‘Free’ Legal Consultations
Are Free Consultations Worth the Risk? In the world of law, as in life, you often get what you pay…
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Updates to Canada Labour Code and Implications
The federal Budget Implementation Act, 2018, No. 2 introduced a number of changes to federally regulated employees whose employment rights…
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Amazon’s Return to the Office Policies Spark Controversy
Can Amazon Terminate Employees for Not Returning to the Office 3 Days a Week? In the ever-evolving landscape of employment…
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Selecting the Ideal Employment Lawyer: A Guide
In the quest for an employment lawyer, particularly the one deemed the best for you, here are the top 3…
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When Can My Employer Modify My Work Schedule?
Does Your Employment Contract Address Schedule Changes? The resolution to this inquiry hinges significantly on the presence of provisions in…
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Ontario to Mandate Pay Transparency in Job Listings
Ontario is taking a significant step towards enhancing pay transparency in job listings, with new legislation on the horizon. The…
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As Side Gigs Become Common, What Are The Rules For Employees?
Published By: THE GLOBE AND MAIL These days, many Canadians are struggling to make ends meet. With so many workers…
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Why Employment Contracts Matter
Why is employer recruiting activity still declining in Q2 2023? A new report from the Indeed Hiring Lab shows that…
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Toronto Dominion Bank’s $500M Battle for Employee Rights
A fresh chapter unfolds as a proposed class action lawsuit takes center stage against The Toronto Dominion Bank. The lawsuit…
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Considering Using AI for Legal Advice? Here’s Why it’s Not Ready
Published By: THE GLOBE AND MAIL Why pay for a lawyer’s advice when you can find it online for free?…
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Remote Work Redefining Sick Days
Can Employees Choose Remote Work Post-COVID? With many Canadians having grown accustomed to working remotely during the COVID-19 pandemic, many…
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Empowering Employers: Changes to Canada Labour Code
Updates to Canada Labour Code? As of July 9, 2023, amendments to the Canada Labour Code have taken effect, placing…
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Legal Alarms: Are Your Employment Contracts Outdated?
Recent changes to the law should have employers reviewing their employment contracts. Since 2020, the landscape of employment contracts and…
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Amazon’s Return-to-Office Blitz: The Battle for Workforce Waves!
How did the COVID-19 pandemic change remote work dynamics for employees? Over the COVID-19 pandemic many employees began working remotely…
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Work from Anywhere Weeks: Blessing or Curse?
Do employees have the right to choose remote work? The COVID-19 pandemic led to many employees either choosing to or…
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Beyond 9 to 5: Unmasking the Impact of Off-Duty Conduct
How has the digital world and remote work blurred the line between work time and personal time? There has always…
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Employment Rights : Extended Notice Beyond 24 Months
What is “reasonable notice of termination” and its significance? During the current recession, it is important for all employees to…
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Hybrid Work Policy Demands in PSAC Strike
The Public Service Alliance of Canada (PSAC) has been on strike since April 19, after two years of negotiations with…
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Protecting Remote Workers’ Rights
There was a significant boom in the number of employees working remotely as a result of the COVID-19 pandemic. However,…
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Remote Workers’ Rights & Legal Implications
Throughout the COVID-19 pandemic, we saw many workers leave the city, or even the province. While some have since been…
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Canada’s Parental Benefits May Cover Adoptive/Surrogate Parents
The federal government is looking to implement new changes to parental leaves and the benefits that new parents can claim.…
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Amazon Mandates Employees to Return to the Office.
Amazon’s CEO, Andy Jassy, has mandated all workers return to the office at least three times per week, as of…
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$800M Class-action Lawsuit Launched Against RBC Dominion Securities
On December 29, 2022, the Ontario Superior Court certified a class proceeding against RBC Dominion Securities, which claims that it failed…
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Remote Work Ban at Twitter – What are Your Employee Rights?
Since he purchased Twitter, Elon Musk has been taking a hard line with employees. He has told them there will…
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Departing Employees Be Aware: Risks of Taking Clients from Former Employer
Workers may well know the recently passed Ontario legislation (Bill 27: Working for Workers Act, 2021) that generally prohibits non-compete…
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Being Forced To Go Back To The Office – Remote Work
With more and more Canadians shifting back to a more normal way of living given the current state of the…
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Ontario Courts Slashes Enforceability of Many Employment Contract Provisions
In recent years, the Ontario courts have been increasingly strict in the reading of employment contracts. New decisions by the…
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Chasing Increased Wages and Benefits During Inflation
As inflation continues to pound Canadians, many employees are expecting significant raises to chase the falling dollar and increased costs.…
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Top-up while on Maternity Leave: What Are the Rules?
What is maternity and parental leave? How to top up your maternity leave? A maternity leave for Canadian employees can…
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Impact of Inflation on Compensation and Benefits
Record inflation in Canada has left all Canadians feeling the impact of the increased cost of groceries, gas, basic household…
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Working Remotely From Another Province
The initial wave of the COVID-19 pandemic forced many employees to work remotely if they were able to do so.…
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Amendments to the Competition Act
With its first significant amendments to the Competition Act since 2009, Canada has taken a major step toward strengthening the…
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Relocating Abroad: Can I Move Abroad and Not Tell My Boss?
Throughout the COVID-19 pandemic, we saw many workers jump on the opportunity to move out of the city and into…
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