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Posts By: rm-admin

The Latest Chapter in Employment Law: Termination during Probationary Period and OHL Players’ Class Action for Classification and Wages

In this edition of The Latest Chapter, we discuss termination during the probationary period and the recent decision by the Ontario Superior Court of Justice in the on-going class action initiated by major junior ice hockey players in the Ontario Hockey League seeking a ruling that they are employees and not students. Nagribianko v. Select Wine Merchants Ltd: What are […]


There’s No Reason Not to Give a Reference

As I stated in my recent Canadian HR Law blog post, in the vast majority of cases, there is no reason not to provide substantive references for former employees. Similarly, there is absolutely no good reason for the increasingly common policy of not providing anything more than confirmation of employment. For years, this has been a topic of debate, with […]


Cutting off Benefits

My latest Canadian HR Law blog post discusses the tricky risk of cutting off benefits during an employee’s notice period. For example, imagine the scenario: Michael has been working for a manufacturing company for 23 years. He started off on the manufacturing line and worked his way up to a lower managerial position. A few months ago, his marriage ended […]


CBC’s The Current: Canadian Navy Sub-lieutenant Forced to Choose Between Son and Career

Natalie appears on CBC’s The Current with Anna Maria Tremonti representing Sub-lieutenant Laura Nash, a Canadian naval officer who was forced to choose between her son, and a career in the Navy. Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Facebook (Opens in new window)Click to email this […]


CBC’s The National: Canadian Navy Sub-lieutenant Forced to Choose Between Son and Career

Natalie appears on CBC’s The National representing Sub-lieutenant Laura Nash, a Canadian naval officer who was forced to choose between her son, and a career in the Navy. Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Facebook (Opens in new window)Click to email this to a friend (Opens […]


The Latest Chapter in Employment Law: Bill 148 and The Tort of Harassment

Bill 148 Brings Big and Not So Big Changes to the Employment Standards Act, 2000 In May the Changing Workplaces Review released its long-awaited Final Report, the culmination of two years of work spearheaded by special advisors C. Michael Mitchell and Retired Justice John H. Murray. This report suggested sweeping changes to Ontario’s Employment Standards Act, 2000 (the ESA), including […]


The Supreme Court’s Pronouncement On Mental Injury: Implications for moral damages in employment law

The Supreme Court of Canada’s decision in Saadati v. Moorhead [1] is making waves in the personal injury bar for its ruling that a plaintiff alleging a mental injury is not required to adduce medical evidence that their injury is a recognizable psychiatric illness, which has long been the standard in Canadian tort law. The implications for Canadian employment law are […]


Overtime Pay in Ontario – the Surprising Bare Truths: Part 2

Can An Employee Be Forced to Work Overtime? In accordance with s. 17(1) of the ESA, the maximum number of hours an employee can work in one week is 48 hours, and not more than 8 hours a day (or where a regular work day is longer than 8 hours, longer than the regular work day).  However, if the employer […]


Overtime Pay in Ontario – the Surprising Bare Truths: Part 1

The concept of overtime pay conjures up many misconceptions for both employers and employees.  Based on our experience, the two biggest misconceptions appear to be which employees qualify for overtime pay, and whether an employee can be forced to work overtime at all.  Acting on incorrect assumptions can lead to costly payouts on the part of employers on one hand, […]


Don’t judge a relationship by its title: Misclassification of employees as contractors

Employment relationships are not always black and white, even if there is a written agreement between both parties. Such relationships exist along a continuum, with employees and independent contractors at either end, and dependent contractors falling somewhere in the middle. While independent contractors do not have the same rights and protections as employees do under employment standards legislation or the […]


Latest Chapter in Employment Law: Contractors and Unintentional Termination

In this edition of The Latest Chapter, we discuss the ongoing issue of misclassification of workers, and whether some people working as “contractors” are really employees in the eyes of the law. We also review a recent decision where an employer effectively terminated an employment relationship without intending to. Sondhi v. Deloitte: Are document reviewers employees or independent contractors? While […]



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