One type of employment relationship that often raises questions and sparks debates is the fixed-term contract. As Canada’s economic landscape continues to shift, employers seek flexibility while employees seek stability. However, striking the right balance between these two needs is where the intricacies of fixed-term contracts come into play. In a recent blog post, we wrote about an independent contractor who worked for a company pursuant to a fixed-term contract of 72 months. When the employer ended the contract after only eight months, the court ordered the employer to pay the contractor th ..read more

When a person is employed pursuant to a collective agreement, they have the benefit of being a member of a union. As such, whenever an employment-related issue arises, whether it affects only one employee or it affects all of the employees, the union will take up the cause on behalf of those affected and will attempt to resolve matters with the employer. Generally, this is done through a grievance process, whereby the union files a grievance alleging that the employer has violated the collective agreement or otherwise violated employee rights in some way. The union and employer then both appea ..read more

To be laid-off from your employment means that your employer has approached you and, in accordance with the provisions of the Employment Standards Act and any employment contract, has instructed you not to return to work unless and until your services are again required. Lay-offs, on the other hand, may vary in length, so long as a lay-off is conducted within the confines of the law, it is acceptable for an employer to utilize a lay-off as a means of managing its resources. Many employees have experienced being laid off from their employment only to be called back to work once the employer has ..read more

In employment law, the term “employee” can have several different meanings. In fact, that word is defined differently in each piece of legislation governing a person’s entitlement to various benefits and payment, including workers’ compensation law. In Ontario, workers’ compensation is governed by the Workplace Safety and Insurance, which outlines when a person will be considered to be entitled to receive workers’ compensation benefits. One of the stipulations contained within that legislation indicates that persons are only entitled to receive workers’ compensation benefits if they suffered a ..read more

Many Canadian employees work for their employer pursuant to an employment contract. Generally, an employment contract sets out the expectations each party has with respect to the job the employee was hired for, including detailing rates of pay, job duties, and entitlement to holidays. They also typically include provisions regarding termination of employment, dictating how either party may end the employment relationship and what kind of payment the employee is entitled to if their employment is terminated with or without cause. Importantly, if the contract is ambiguous or unclear in any way ..read more

Sometimes, when one party brings a lawsuit against another, they believe that they cannot wait for their day in court because their rights are being violated on an ongoing basis. In such circumstances, the wronged party may seek an injunction against the wrongdoer(s). If successful in having an injunction granted, the wrongdoing party will immediately be ordered to stop the offending behaviour, pending outcome of the case. In the employment law content, injunctions often arise in the context of former employees who have since become employed by a new employer. If the old employer suspects that ..read more

In many circumstances, money is often considered a taboo subject, particularly in the workplace. Compensation in the form of a severance package can also be a primary consideration for an employee who has been terminated from their job. Generally, employees do not know particular details about their colleagues’ salaries or severance packages. However, in a previous blog post we covered a decision where an employer was compelled by the court to divulge severance packages that had been offered to other employees. In a recent decision from the Ontario Superior Court of Justice, the Court consider ..read more

When an employment-related dispute arises, a wronged employee has a number of ways of seeking justice, including pursuing a complaint before the Ontario Human Rights Tribunal (“HRTO”) when the injustice involves allegations of discrimination on one of the grounds enumerated in the Human Rights Code, for example, creed, religion, ethnicity, sex, or sexual orientation. When a complaint is made to the OHRT, the parties are offered the opportunity to participate in mediation in an attempt to resolve the dispute without a hearing. When mediation is successful, a settlement agreement will be prepare ..read more

People who work in particularly competitive fields or hold senior positions where they are privy to their employer’s confidential information may find that their employment contracts contain a non-solicitation or non-compete clause that limits their ability to work for a competitor employer following their termination or departure. An employee’s prospective employment opportunities may also be limited through an agreement upon their termination which contains similar restrictions. However, it is important for employees and employers to understand their rights and obligations under such clauses ..read more

Small Claims Court is a relatively quick, efficient and less formal forum available to a party seeking to commence a lawsuit for damages of $35,000 or less. Small Claims Court may also hear various employment law matters, however, claimants need to bear in mind the maximum damages they will be able to recover. In a recent Ontario Superior Court of Justice decision, an employee commenced a wrongful dismissal claim against his former employer in the Superior Court of Justice. However, the employer sought to move the matter to Small Claims Court instead in order to limit the potential damages tha ..read more