Introduction A recent CBC article about an Education Assistant fired for having an OnlyFans Account sparks termination debate over off-duty conduct. This article delves into the complexities of Ontario Employment Law in relation to off-duty conduct. We help answer when out of work behaviour is grounds to fire or impose other disciplinary action. Off-Duty Conduct and Employment Law Ontario Employers usually regard an employee’s off-duty conduct as a personal matter. However, if such behaviour impacts the workplace, it could lead to termination. Termination based on off-duty actions often requir ..read more

The Ontario government recently announced a notable increase in the minimum wage. Changes take effect on October 1, 2023. The current rate of $15.50 will see a rise to $16.55, marking a significant stride towards better living standards for workers amidst the escalating cost of living in the region​. Minimum Wage Increases: A Historical Perspective Ontario has witnessed regular minimum wage hikes over recent years, with notable increases in 2018 and 2022. We have previously laid-down the foundation for previous wage increases in an earlier article, providing a historical lens through which to ..read more

Clara Sorrenti (“Ms. Sorrenti”), a transgender woman, advocate, and popular online streamer Keffals on Twitch, has filed a Human Rights Application against the London Police Services and the London Police Services Board (collectively, the “LPS”). The Application is based on the discrimination Ms. Sorrenti experienced due to her gender identity and gender expression, which is contrary to section 1 of the Ontario Human Rights Code (the “Code”). In August 2022, an anonymous individual  impersonating Ms. Sorrenti made phone calls to the Toronto and London Police Services and sent a death thre ..read more

Hiring for “fit” may be a common practice, but have you ever stopped to consider the unintended consequences of this approach? While it may seem like a logical way to ensure that new hires mesh well with the existing team, in reality, “fit” can often be a code word for discrimination and result in a lack of diversity in the workplace. The Problem with Hiring for Fit Consider, for example, a workplace with employees who all have shared interests in football and golf. Would a new candidate who values cooking with family on the weekends and goes to church every Sunday be a good “fit”? What demogr ..read more

Elon Musk’s acquisition of Twitter and his order requiring all employees to return to the office and cancelling of all remote work arrangements, has sparked public debate on remote work. As the CEO of the social media giant, Elon has taken a tough stance on his workforce, with a remote work ban and a mandate for full-time presence in the office. With nearly half of the employees being terminated, the remaining workforce is bracing for gruelling work hours and an in-person office experience. Can Your Employer Force You to End Your Remote Work Arrangement? This sudden change in the work environm ..read more

A group of Ottawa police officers, dispatchers and other first responders are fighting for the reversal of new policies significantly reducing their pay while on leave for illness or injuries sustained in the course of their duties. Justin W. Anisman, founding lawyer at Anisman Law, has filed an application with the Human Rights Tribunal of Ontario on behalf of 23 members of the Ottawa Police Association (OPA) seeking remedies for discrimination by the Ottawa Police Services Board (OPSB) and the Ottawa Police Service (OPS) on the basis of disability contrary to section 5 of the Ontario Human R ..read more

When buying or selling a business in Ontario, it is critical to consider the employment law implications of the transaction. During any business acquisition, lawyers routinely advise clients on the relevant legal, tax, and business considerations. But too often this excludes timely, comprehensive thought about the employees affected by the transaction. This oversight can be costly. Early in their negotiations, vendors and purchasers need to be alive to the costs of employee entitlements and which party will be responsible for those costs. Infamous costs include termination pay and severance. B ..read more

I receive a lot of calls and questions from people across Ontario wondering whether they should hire an employment lawyer after they’ve been fired, or to review a severance package. Like calling the police after you’ve been robbed or your insurance agent after a fire, it is almost always a good idea to hire an employment lawyer. For this reason, I’ve put together an infographic containing 6 benefits of hiring an employment lawyer so that you can be assured that you’re making the right decision. As a bonus, I’ve set out some questions you should ask when trying to choose the employment lawyer t ..read more

Making a request for accommodation because of a medical disability often feels intimidating. If circumstances arise that impact your ability to do your job, what do you do? Sometimes disabilities arise and make it difficult to complete daily work duties. There are many varying types and degrees of disability that present as either physical, mental or other challenges and barriers. This article outlines the general obligations of your employer to “accommodate” you and provide the steps to take when requesting a workplace accommodation. What is a workplace accommodation? As an employee, you are ..read more

Settlement offers play a significant role in shifting the burden of legal fees. Used strategically, in the employment law context especially, settlement offers are a powerful tool to recover the expenses of litigation or to avoid them entirely by leading to efficient settlements. Legal Costs, generally In Ontario, the successful party to a lawsuit is typically entitled to a partial reimbursement of their costs from the unsuccessful party. This is referred to as “partial indemnity costs”. Practically speaking, what this means is that even the successful party is still responsible for a signific ..read more