Articles

RSS Feed

Dispelling Some Popular Myths About Overtime

There is a popular belief that salaried employees are not entitled to overtime. This mistaken belief can prove costly for employers.

Pursuant to the Employment Standards Act, 2000, all employees, except those that fall within specified exemptions, are entitled to overtime. The Act makes no distinction between salaried employees or hourly employees.

When Former Employees Compete - Protecting Your Confidential Information

The departure of a key employee, or an employee who has had access to sensitive information, can create legitimate concerns for an employer, especially when such employee directly competes with his/her former employer or is employed or otherwise engaged by a competitor of his/her former employer. The law provides certain protection for employers, but the limits of such protection are sometimes difficult to draw. The recent events surrounding CN Rail and its former CEO, Mr. Hunter Harrison, are a great example of some of these challenges.

Drummond Report Recommends Changes to Interest Arbitration and Establishment of Labour Relations Information Bureau

On February 15, 2012, the Ontario Government released the report of the Commission on the Reform of Ontario’s Public Services (the “Report”). The Report, titled Public Services for Ontarians: A Path to Sustainability and Excellence, and often referred to as the “Drummond Report” spans well over 500 pages and details recommendations for sweeping changes across the broader public sector (“BPS”).

Mandatory WSIB Coverage in the Construction Industry

Conventional wisdom would lead most people in Ontario to assume that Workers’ Compensation is something that applies to anybody who has a job, most particularly in an industry where they might be at risk of getting hurt. Conventional wisdom however, is wrong.

Legislation Update

On December 15, 2011, the federal Keeping Canada’s Economy and Jobs Growing Act received Royal Assent. The Act implements certain provisions of the 2011 federal budget. Included in the Act are the following:

Case Update: Mason v. Chem-Trend

In our last Employment Notes, we told you about a decision of the Ontario Court of Appeal in Mason v. Chem-Trend Limited Partnership. This case dealt with the enforceability of a non-competition clause in the employment context.

Employers Facing Uncommitted Customers, Competition, and Cost Pressures Looking to "Outsource" Labour Supply, or Secure Written Employment Agreements

High technology notwithstanding, wages, salary and benefits remain among the largest costs that businesses must meet. The effective management of these costs remains a key to profitability.

Jail Term for BC Safety Violator: It's Not Quite What You Think...

Nearly eight years have passed since the Criminal Code of Canada (the “Criminal Code”) was amended to create potential criminal liability on employers for health and safety violations in the workplace. Bill C-45 augmented existing provincial occupational health and safety laws by creating criminal negligence provisions under the Criminal Code. It established a duty on employers to protect health and safety in the workplace.

Conducting an Effective Interview: Dos and Don'ts During the Hiring Process From a Human Rights Perspective

1. Introduction

In most circumstances, by the interviewing stage, the employer has already obtained some relevant job-related information from the employment application and the candidate’s resume.  Most employers, however, want to supplement the application process with at least one interview in order to determine if the applicant has the appropriate qualifications for the position, is suitable for the position, and will be compatible with other employees in the company.[i]

A New Price Tag on Privacy? Ontario Court of Appeal Recognizes Tort of "Intrusion Upon Seclusion"

Last week Ontario’s Court of Appeal recognized for the first time the right of an individual to sue for breach of privacy. The new common law tort is called “intrusion upon seclusion”, and its purpose is to provide a remedy for invasions of personal privacy.

Family Caregiver Leave on the Horizon in Ontario

In December, legislation proposing the addition of new leave provisions to Ontario’s Employment Standards Act, 2000 (“ESA”) received first reading.  If Bill 30, An Act to amend the Employment Standards Act, 2000 in respect of family caregiver leave is ultimately passed the ESA will be amended to include “Family Caregiver Leave” which will provide for unpaid and protected job leave for employees who have to provide care and support to a sick or injured family member.