Labour & Employment

Most people (even lawyers!) usually think that reading case law is dry and humourless. But it depends on the judge! There have been several decisions over the last few years that have shown that judges have a sharp wit and a flair for writing! Take a moment to enjoy these. One example is R. …

Settlements with employees often include confidentiality provisions. What happens when those confidentiality provisions are breached? A recent decision of the Human Rights Tribunal of Ontario inTremblay v. 1168531 Ontario Inc. provides some useful guidance. The employer operated a Subway sto…

Employers often tell me they feel like employees have ALL the rights in the employment relationship.  While that isn’t entirely true, I certainly understand why it can seem that way. But here’s some good news – the British Columbia Court of Appeal recently came down solidly on the side of th…

The days are getting shorter and the weather cooler.  Fall is clearly here.  For many employers, this means that plans for the office holiday party are in the works.  It also means that many employees will be consuming alcohol at an employer-sponsored event. [Read More…] The days are g…

When giving advice to employers in cases in which an employee has been terminated without just cause, lawyers often start by assessing what a reasonable notice period might be (after first determining that there is no written employment agreement with a valid termination clause).  Of course,…

How often have you undertaken a home renovation project yourself? You might have hired out the more skilled aspects – maybe an electrician, a plumber, or a drywall taper (we all know “a guy”, don’t we?). You’re perfectly capable of overseeing the project generally; there’s no need to hire a …

As an employer, do you rely upon probationary periods to terminate newly-hired employees who don’t work out, but where you don’t have “cause” in the normal sense? Do you rely on your probation language to avoid liability for pay in lieu of notice? If so, would your pr…

Words are important.  Words like “bullying” and “harassment” are especially important because they refer to improper conduct which can result in negative legal consequences.  But too often, employees don’t understand the legal definition of these words.  Today, I’m particularly annoyed by em…

It turns out CIBC and Scotiabank will be required to defend their overtime policies against class actions by employees, according to the Court of Appeal. The banks had successfully defended certification motions in the lower courts on the grounds that the issues were not “common” enough amon…

Although we often tell clients that determining the reasonable notice period in any given situation is more art than science, one thing we’ve felt confident about is the 24-month cap – unless there are exceptional circumstances, no matter how much seniority an employee has and no matter what…