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Published on: 24 Jan 2023 By

Is it even a pilot project 24 years later?: The case for mandatory mediation across Ontario

Lawyers practicing any form of litigation know that mediation can be a client’s best friend. It’s an efficient, effective, and fair mechanism to resolve clients’ differences in a timely way. In 1999, the Ontario Mandatory Mediation Program established a pilot project to test the advantages o…

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Published on: 15 Dec 2022 By

Labour law 101: Certification applications in the construction industry

What employers need to know about certification applications in the construction industry Continuing with our labour law basics series, in today’s post we will discuss what to do if a union files a certification application with the Ontario Labour Relations Board (“OLRB” or the “Board”) seek…

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Published on: 23 Nov 2022 By ,

Selling your professional practice?

Employment considerations when selling your professional practice*   Whatever the reason might be to sell a professional practice, whether for the purposes of retirement, a change of career, or no longer wanting to be responsible for the day-to-day operations of the business, there are impor…

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Published on: 23 Sep 2022 By

Take note: employers may be responsible for paying CPP and EI premiums on employee tips and gratuities

According to a recent Federal Court of Appeal decision, employers who receive electronic tips and gratuities from customers (e.g. from debit and credit transactions and gift cards) and pass them on to their employees may be required to pay CPP and EI premiums on those tips and gratuities. Th…

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Published on: 22 Aug 2022 By

Employer Quick Hit: confidentiality, conflict of interest clauses can also threaten your termination provisions

Our Ontario clients are aware that a Court of Appeal decision from 2020, Waksdale, prompted many employers to revise many of their employment contracts. Waksdale confirmed that if any provision of an employment agreement that is relevant to termination of employment violates the Employment S…

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Published on: 12 Aug 2022 By

Is your COVID-19 vaccination policy still relevant and enforceable?

Although many organizations drafted and implemented COVID-19 vaccination policies less than a year ago, change is swift in the pandemic world and year-old policies may be past their “best before” date, given recent arbitral case law. Employers should therefore take a hard look at their polic…

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Published on: 26 Jul 2022 By

Ontario Government extends worker Income Protection Benefit while ending leave for employees on layoff

The Ontario Government has introduced a number of leaves and programs for both employees and employers throughout the COVID-19 pandemic. One of these, the Ontario Income Protection Benefit, gave employees up to three days of paid infectious disease emergency leave (“IDEL”) as long as their a…

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Published on: 28 Jun 2022 By

The Ontario Court of Appeal weighs in on sexual harassment and just cause

Termination of employment for cause can seem like an unbelievably high bar for an employer to meet. Fortunately, the Ontario Court of Appeal has released two decisions in the last year that have upheld terminations for cause in circumstances involving sexual harassment and assault. Hucsko v.…

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