Break Times in Ontario Workplaces
In Ontario, the Employment Standards Act (ESA) provides most employees with one 30 minute meal break for every 5 hours of work. This meal break must be uninterrupted and does …
Workplace Harassment and Intentional Infliction of Nervous Shock Damages
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. …
Why Employers Should Use Non-Solicitation Agreements
The primary purpose of a non-solicitation clause in a contract of employment is to protect the employer from having its customers, clients, suppliers, or employees poached by a departing employee. …
Accepted Job Offer No Longer Available Days Prior to Start Date
When a job offer is made and signed by the candidate, a contractual obligation has been formed. The employee has agreed to provide services and the employer to provide compensation …
Can attending a white supremacist rally be grounds for dismissal?
After several attendees of last month’s white nationalist rally in Charlottesville, Va., were outed on social media and then quickly fired, Canadian employers are asking, “Can attending a white supremacist …
What You Can Do About A Hostile Work Environment
A hostile work environment is distressing for employees and costly for employers. Fortunately, the law provides many ways to combat and prevent hostile work environments. An employee who is subject …
Daniel Lublin on CFRB 1010
Daniel Lublin discusses the recent privacy ruling handed down by the Ontario Court of Appeal.
La Pornographie Au Travail
By Cédric P. Lamarche Puisque l’internet permet l’accès à un monde électronique sans frontière, la majorité des employeurs adoptent des règles très rigides en ce qui a trait à la …
Lawyer faces criminal charges after clients act on his advice
Similar to the employers’ obligation to provide advance notice of termination, employees must provide advance notice of their resignations, assuming there is no such contractual term that specifies another amount. The amount of notice is dependant on how long it would reasonably take the employer to find a suitable replacement. While wrongful resignation lawsuits in Canada are rare (proving a tangible economic loss is the reason), employees must still be careful.
Workplace harassment is a common employment law case
Here are five most frequent files appearing on my desk and in court dockets 1. Workplace Harassment Following Canada’s first million dollar workplace harassment award, I can expect to see …