Chown Cairns Legal Advice Blog

Labour and Employment Law Practice

Recent Posts

What not to do when you terminate an employee

Nov 9, 2017

 

For many managers and employers, terminating an employee is one of the most difficult decisions to make in the process of doing business. Dismissal is often a last resort, however there may be various factors that render termination as the only option.

In Ontario, it is very important that employers act in accordance with the Employment Standards Act, 2000 (ESA), and any other applicable provincial or federal legislation or common law when dismissing an employee. If you fire an employee improperly, you or your business could be subject to a lawsuit and may be required to pay damages and the reasonable legal costs of the employee.

Read More

Topics: Labour Employment Law

How workplace laws are changing in Ontario

Aug 2, 2017

 

Over the past two years a provincially commissioned research study referred to as the Changing Workplaces Review was conducted on Ontario labour and employment standards. The purpose of the review was to “better protect workers while supporting businesses”. This research study culminated in a final report which proposed over 173 amendments to the Employment Standards Act, 2000 (ESA) and the Labour Relations Act, 1995 (LRA).

Read More

Topics: Labour Employment Law

Answers to common employment law questions

Mar 9, 2017

There are many aspects to employment law and therefore many misconceptions. Each act taken in reference to your employment or resignation has lawful boundaries. Understanding the standard aspects of your employment that are bound by the law, and the contracts or acts that are associated, will ensure that your rights are protected within your employment.

Read More

Topics: Labour Employment Law

Inclement Weather and Employer Obligations in Ontario

Jan 24, 2017

Living in Ontario, you are no stranger to the unpredictable and extreme whims of weather. Whether it is a blizzard, an ice storm, flooded roads or all of the above, you see it at all. Inclement weather is typically bad news for any business, which may lose the ability to perform their business, lose customers or have to account for the safety of its employees.

When it comes to inclement weather, it is important for businesses to be aware of its employer obligations.

Inclement weather and employer obligations overview:

Read More

Topics: Labour and Employment law

Employers responsibility: workplace sexual harassment

Dec 22, 2016

In Ontario, it is the employer's responsibility to maintain an environment free from harassment and discrimination. An employer has a legal obligation to respond to and prevent sexual harassment claims. If harassment has happened within the workplace, employers must take disciplinary action and implement steps for prevention. This may include education sessions. If the employer fails to investigate or appropriately maintain a harassment-free environment, the employer may be considered negligent and could be subject to a lawsuit from the alleged victim.

Read More

Topics: Labour and Employment law

How do I know if my severance is fair?

Nov 1, 2016


Losing a job is one of the most stressful situations an individual can experience. This is often a surprising change and always a life-altering one. It is easy during this experience for employees to misunderstand one key element of their termination: their termination or severance package.

A termination or severance package, in addition to any regular pay owing, may have to sustain you until you can find a new job. This package will typically include a lump-sum payment based on time of service and payment for remaining vacation or sick leave.

Read More

Topics: Labour Employment Law

How to ensure your hiring documents are drafted properly

Oct 20, 2016

Every business requires hiring documents, whether you’re just beginning to develop HR policies or you are a larger business. Larger businesses will often revisit existing documents that contain specific policies and clauses that need to be in place to legally protect your business from any potential damages.

HR policies and legal clauses are important to businesses not only because they set out your expectations of an employee but they also are in place to address legislation and to protect your business from potential employee claims.

It’s important that you consider the following points when preparing your written contracts and agreements so that you are assured that your hiring documents are drafted properly. 

Read More

Topics: Labour Employment Law

These are the options if you are wrongfully dismissed

Sep 22, 2016

Wrongful dismissal occurs when you’re fired from a job without “cause.” Cause is considered when you were not given the proper amount of time as notice or payment in place of notice, or if notice time or paid amount are not in the amount you’re rightfully owed. If this has occurred to you, you do have legal rights and you have options.

Your three primary options in a wrongful dismissal situation are to negotiate a settlement with your former employer, sue your former employer or go to mediation or arbitration with your former employer. In all three options, it is best to be represented by a lawyer familiar with wrongful dismissal cases and employment law in Ontario.

Read More

Topics: Labour Employment Law

How to minimize your risks as an employer

Aug 25, 2016

There are many challenges that can arise as an employer and business owner.  Regardless if your business is a startup or is well established, it is essential that you are managing how you minimize your risks as an employer.

Failing to properly protect your business could expose you to the financial risks of disputes including litigation or settlements. In order to protect your business and effectively mitigate your legal risks, the following tools should be applied.

Read More

Topics: Labour Employment Law

You were wrongfully fired in Ontario. Now what?

Aug 23, 2016

If you have been fired from your job, you are likley entitled to a notice period and/or severance pay. However, if you have been fired for “cause” you are not entitled to notice or severance pay. If you have been denied notice or severance, or disagree that you were fired “with cause,” an employment lawyer can help you examine your options.

Here's what to do if you believe you were wrongfully fired in Ontario.

Read More

Topics: Labour Employment Law