From social media to damage awards: A look at 2016 and harbingers of employee...
It has been an active year in employment law, and some of its developments will be the mere harbinger of a more expansive 2017 — Here's a look at what we may expect
View ArticleLessons from the disputed dismissal of a long-time McDonald's employee
Going through the motions of a performance improvement plan may seem an easy fix, but the employer can still find itself liable for substantial severance
View ArticleHoward Levitt: The dos and don'ts of performance evaluations
Howard Levitt answer some questions often asked by Human Resource managers and many employees on the subject of performance evaluations
View ArticleHoward Levitt: Nine steps to take when investigating employee misconduct
An employer must give the employee a fair opportunity to present their side of the story and make the final decision after fairly evaluating what is learned
View Article'Lawyers are cheap': Clerical workers go on strike at top Toronto labour law...
Workers at Cavalluzzo Shilton McIntyre Cornish LLP began picketing the law firm after collective bargaining negotiations stalled over a general wage increase and pension issues
View ArticleWatch for these changes to HR laws relating to contract employees
In Ontario, employers may now be subject to serious penalties for misclassifying an employee
View ArticleEmployers can't shoot first and ask questions later, court decides in...
Employers must listen to worker's side of the story when alleging misconduct
View ArticleHands off your co-workers, or criminal charges could apply
Victims of sexual harassment can take tougher action outside the workplace — and that send you, the creep, to prison
View ArticleHe screamed, bashed and berated, yet he didn't think he'd be fired
He sued for wrongful dismissal; here's why the court sided with the employer
View ArticleSix ways to host a happy, harassment-free holiday party for employees
With mistletoe a virtual invitation to an official complaint and couples dancing almost as dangerous, employers must take care in their planning
View ArticleMaking the case for rejecting misleading advice
Howard Levitt: The opinion expressed in a column in a rival newspaper was incomplete, misleading or just plain wrong. All the issues, however, are far too important to not set the facts straight
View ArticleWise employers pick their battles carefully
The best cases are made against well-paid, skilled employees who cause significant losses
View ArticleWhen lawyers should stay in the background
Howard Levitt: Here's some guidance on when lawyers should remain behind the scene, ghost writing clients’ correspondence, and when they should go on record as acting for clients
View ArticleDismissal law now favours employees
Howard Levitt: For a while, smart employers had little to fear from employment litigation. However, matters have just reversed
View ArticleEmployers should ask about mental health issues
Howard Levitt: Employers cannot immediately terminate difficult, unmanageable employees with underlying disabilities. Rather, they have obligations to accommodate them despite the cost
View ArticleHow to maximize your termination settlement
Howard Levitt: What terminated employees care most about is what they end up with after paying their legal bill. Here is the prescription for a good settlement
View ArticleTeachers should earn their high pay
Howard Levitt: When all is said and done, teachers' hourly earnings are closer to $150. In a 40-hour work week, they would receive an annual salary of about $312,000, essentially what the prime...
View ArticleGender bias means lower severance for women
Howard Levitt: Just as I was almost convinced the glass ceiling had disappeared, I was proven wrong — and in my own area
View ArticleWhat to do when your staff lies to you
Howard Levitt: When confronted with evidence of employee dishonesty, employers should take these steps
View ArticleWomen face tougher time finding jobs after ruling affirms flexible shift right
Levitt: One consequence of a recent court ruling designed to assist working women with children will be that employers will go through paroxysms to avoid hiring any women of child-bearing age
View ArticleFollow human rights code on mental health
Howard Levitt: Contrary to the assertions of the human rights lobby, an employer need not accommodate every employee claiming mental disability unless it meets the definition set out in the Human...
View ArticleWhen violence isn't just cause for immediate dismissal
Howard Levitt: Recently an Ontario judge took many by surprise in deciding that an employee’s physical violence toward another did not constitute cause
View ArticleAlgerian terrorist attack raises spectre of occupational health and safety...
Heenan Blaikie lawyers say both the Canada Labour Code and workers' compensation legislation have been held to have extra-territorial effect
View ArticleJoe Fresh confirms clothing was produced in Bangladesh factory that...
Loblaw Cos.’ Joe Fresh and Associated British Foods Plc’s Primark are among the companies whose suppliers made garments at the Bangladesh factory building that collapsed today, killing at least 87 people
View ArticleWhen does the law apply to the public sector?
Howard Levitt: If sloth is so widespread at Toronto City Hall that this is what is required to shake up the culture, one lawsuit may be a small price to pay
View ArticleWhat can you do if your employee has a substance abuse problem?
Even if an employee's alcohol or drug habits affect their work performance, it is a lengthy, complicated and murky process to fire that worker, experts say
View ArticleFive big developments in employment law in 2013
Workplace Law: From accommodating the sandwich generation to an employees right to go to court, here are some of the big employment law decisions made this year.
View ArticleFive of the most common misconceptions in employment law
Anyone who is fired invariably receives multiple opinions as to their 'rights,' although most are wrong
View ArticleCanada Labour Code changes limit damages for employer non-compliance
Recent changes to the Canada Labour Code restrict the ability of employees with CLC complaints to recover back wages to the 12 months preceding their termination or the date they filed their complaint.
View ArticleToronto lawyers elected Fellows of College of Labor & Employment
Howard Goldblatt, co-founding partner of Sack Golblatt Mitchell and Jeffrey Goodman of Hicks Morley Hamilton Stewart Storie, have been elected as Fellow of the College of Labor and Employment
View ArticleSamsung 'urgently' investigating new child labor allegations barely a week...
The presence of at least three child workers at the factory in southern China casts a cloud over the labor practices of Samsung and its suppliers
View ArticleThe hardest part of being a manager: How to terminate an employee
I’ve done this six times as a manager and supported many more as an HR advisor. This advice is meant to help you through a very difficult conversation
View ArticleJust been fired or think you're about to be? Here's how to prepare your best...
Whether you've been let go for cause or as a result of declining company fortunes, you need to arm your lawyer with all the necessary documents. Here's what you should be gathering before and after.
View ArticleLawsuits mount as fired U.K. currency traders won’t leave quietly
As banks try to clean up trading floors beset by benchmark-rigging scandals, not all fired workers are leaving quietly. London’s specialist employment courts offer a chance to get justice, recover lost...
View ArticleWith the first Ghomeshi verdict looming it's a good time for employers to...
The Jian Ghomeshi sexual assault trial brought the issue of harassment to the forefront. It's a good time for employers to examine workplace policies
View ArticleRelying on a poorly drafted fixed-term contract at dismissal can be costly
For a fixed-term employment contract to be enforceable at early dismissal, the contract must state what is not to be paid to the employee and include benefits allowed by law
View ArticleCEOs must keep their elbows, and tempers, in check
Howard Levitt: Any behaviour incompatible with their role, whether it be dishonesty, or a lack of probity or decorum, can be cause for discharge
View ArticleJust how independent are independent contractors? Plenty of readers want to know
Howard Levitt looks at some of the common concerns employees and employers have surrounding bankruptcies, takeovers, firings and resignations
View ArticleHonesty is the best policy at work, even when it pertains to a consensual...
Most employers recognize that romance at work is inevitable, but companies can manage relationships by setting and enforcing a policy to report
View ArticleA recent court ruling enshrines employees lifetime job security at federally...
The first principle law students learn in Contracts 101 is that under Canada's common law system no employment relationship is for life
View ArticleBusting the myths about severance pay: There is no set formula but some key...
If it goes before courts, many factors go into deciding what severance an employee dismissed without cause will receive — here's what to expect
View ArticleAppeal court decision has far-reaching consequences for employers seeking to...
An important new decision from the Ontario Court of Appeal has made it very dangerous for employers to allege cause when firing an employee
View ArticleLost vacation days are often worth nothing to a dismissed employee
Statutory vacation pay, in some provinces as little as two weeks a year, never expires but contractual vacation time is often provided on a use-or-lose-it basis
View ArticleDon't confuse nitpicking or snubbing with harassment
If an employee recounts being yelled at, called an idiot, asked what sexual position he or she prefers, is questioned about retirement or is physically attacked, there's a case for harassment
View ArticleHere's what Ontario's proposed labour relations changes could mean for employers
Abuse of employment standards should be dealt with by tightening legislative loopholes and rigorous enforcement, not by creating a wholesale shift of power to unions
View ArticleHow reliable is your termination clause? Ontario court leaves employees and...
Generally, if a court thinks an employer is even trying to wiggle out of employment standards legislation, it shows no mercy. So what made this Ontario case different?
View ArticleLying on your resumé isn't always sure fire cause for firing
Howard Levitt: It's easier for employers to follow up on an applicant's references before hiring, then to fire for cause when the lie is found out
View ArticleThis would be cause for dismissal almost anywhere else, but not for police
Howard Levitt: If you grabbed, made a sexual comment to and threatened to strangle a co-worker at an off-duty function, what would you expect to happen to your job?
View ArticleEmployers are also responsible for what they do on social media, as the TTC...
The problem occurred when the TTC failed to put an end to inappropriate tweets directed at employees and instead simply acknowledged the customer’s concerns
View ArticleOntario employer has a rare Human Rights Tribunal victory
Tenaris Algoma Tubes not only secured an unequivocal victory but did so swiftly, avoiding a costly hearing altogether
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