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.
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?
At its core, redundancy occurs when a position within a company is no longer necessary. This could be due to…
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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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Cigna Long-term Disability Claims: Disputes and Denials
Why do disputes arise between employees on long-term disability and insurers? The last thing that an employee on long-term disability…
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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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$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 be either…
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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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Choosing the Right Employment Lawyer for Workplace Disputes
Whether you are an employee facing a legal issue at work, or an employer determining how to address an issue…
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Workers Quitting Over Return to Office Policies
Now that things appear to be returning to a level of normalcy since the pandemic started, some companies have opted…
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What courts Say About Rights of Dependent Contractors Should be a Wake-up Call for Businesses
Special to The Globe and Mail For many Canadian workers, the Pandemic has accelerated an evolution toward freelance work. Both…
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Employee Reference Check – Can a Former Employer Badmouth You?
It is inherently awkward to ask a former employer to give you a positive reference when you are seeking to…
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Who Decides When Employees Must Return to Office?
Elon Musk, CEO of Tesla, is known for making bold moves and statements when managing his companies and business interests.…
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How to Pick the Best Employment Lawyer?
Are you looking for an employment lawyer, perhaps the best employment lawyer? Read on to find our take on how…
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Can my employer change my regular work schedule?
The answer to this question will largely depend on whether your contract has any provisions concerning the change in work…
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Quitting your job requires more than providing two weeks’ notice. Here are the legal landmines to avoid
SPECIAL TO THE GLOBE AND MAIL Questions about what the new workplace will look like are a key theme in…
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With Vaccine & Mask Mandates Being Removed, Can Employees Refuse to Return to Office?
Many employees have been required to work remotely over the past two years due to the COVID-19 pandemic. As of…
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Is Secretive Recording in the Workplace Cause for Dismissal?
A recent BC case considered this very question. The BC court shed some light on how secretive recording in the…
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Can Your Employer Require You to Take a COVID Booster Shot?
Many employers in Ontario implemented mandatory vaccine policies in 2021 that required their employees to receive COVID-19 vaccinations to continue…
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Who Pays for Rapid Antigen Testing in the Workplace?
As regular testing for COVID-19 continues to be commonplace in many workplaces, it is not always clear who should be…
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The Pandemic and Reduction of Hours: Employee Options and Rights
The pandemic has hit many workplaces with decreased demand for their services, which in turn affects the availability of work…
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Right to Disconnect and a Rule Against Non-Compete Agreements
On November 30, 2021, the Ontario government announced the passing of new legislation, the Working for Workers Act, 2021 (“WWA”),…
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Non-compete Clause – Working for Workers Act, 2021
The Ontario government has recently announced a new bill that, if passed, will have significant implications on workplace relationships. Called the…
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The Ontario Working for Workers Act, 2021: Right to Disconnect
The Ontario government has proposed legislation today – Working for Workers Act, 2021 that, if passed, would help workers adjust…
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Mandatory Vaccination Policies for Contractors
Much ink has been spilled debating whether an employer can require its employees to vaccinate, as well as the consequence…
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Can an Employer Ask Employee to Work While on Vacation or Return Early from Vacation?
What should an employee do if their boss cancels an approved vacation? Or if an employer requests an employee to…
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COVID-19 Return to Work – What Happens if an Employee Isn’t Willing to Return to Office?
As vaccination rates increase and cases of COVID-19 decline, many workplaces have begun announcing their return to office plans. Some…
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Russell v The Brick Warehouse : Judge Awards 24 Months Notice and $25,000 in Moral Damages
In the recent decision by the Superior Court of Ontario in Russell v The Brick Warehouse case, the court has…
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If an Employee Refuses to Appear on Camera, What Steps Can an Employer Take in Response?
First off, it would be wise for employers to build an in-camera requirement into contracts, job descriptions and/or workplace policies.…
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Can Your Employer Force You to Use a Camera During Virtual Meetings? “Zoom Fatigue”
In short, an employer can tell an employee to do just about anything within the general constraints of the employee’s…
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Internet Requirements for Remote Employees – Service and Security
As many employees continue to work from home, some employers are taking steps to ensure workers have access to a…
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5 Provisions to Consider in Negotiating your Employment Agreement during COVID-19
COVID-19 has resulted in massive change in the workplace and has forced employers and employees to reconsider the fundamentals of…
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How Do You Know if The Terms of Your Job Offer Are Fair?
Special to The Globe and Mail Hiring agreements are becoming too complicated. As an employment lawyer, sometimes even I have…
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Should an Employer Have a Work from Home Agreement For its Employees?
With the most recent stay-at-home order, where the provincial government is strongly encouraging those that can, to work remotely for…
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The Pandemic’s Impact on Severance Packages
COVID-19 pandemic has resulted in mass layoffs and terminations all across the world. With every termination comes the topic of…
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RBC Class Action Lawsuit Seeks Compensation for Years of Under-paid Vacation Pay
Daniel Lublin of Whitten & Lublin will be one of the lead lawyers in an upcoming RBC class-action lawsuit. The…
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Employee Severance Entitlements: Bell Media’s Closure of Local Sports News Stations
If you are an employee in a niche market, you need to be aware of your employee severance entitlements upon…
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Relocating Without Consent: Cause For Dismissal
As workers become more comfortable with working from home, many may be considering this as an opportunity for relocating without…
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What’s in Store For Workplace Law in 2021?
Daniel Lublin, Special to The Globe and Mail What’s in store for workplace law in 2021? Here are the hot-button…
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What Employees Need to Know About Ontario’s Second Emergency and Stay-At-Home Order
The government has declared Ontario’s second emergency state and issued a new stay-at-home order requiring everyone to remain at home,…
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