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Category Archives: Employment Standards

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 […]


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, […]


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 […]


Bonus Clauses: Be Sure they Say What You Think They Say

Bonus: You will be entitled to a discretionary annual bonus of up to 40% of your base salary, to be calculated using the formula set out at Appendix A and updated from year to year, which will take into account both company and individual performance. Payment of any bonus is purely discretionary and there is no guarantee of a bonus […]


Don’t Accept a Resignation Too Quickly

Imagine that you find yourself in a heated argument with one of your employees and, having apparently had enough, the employee announced that he is fed up enough and is done with the company. He then handed you his pass card and stormed out of the office. Can you proceed on the basis that he has resigned? Now imagine that […]


Latest Chapter in Employment Law: Drug Testing and Whistleblower Protection

In this edition of The Latest Chapter we discuss the Ontario Superior Court’s decision to deny an injunction against instituting random drug and alcohol testing at the TTC in Amalgamated Transit Union, Local 113 v Toronto Transit Commission and whether this decision will have broader implications with respect to random testing. We also discuss recent changes to the Courts of […]


How to Enforce Your Employment Rights & What Happens if There is Reprisal

The majority of employees in this province are subject to employment laws such as the Employment Standards Act, 2000 (the “ESA”), the Ontario Human Rights Code (the “Code”), and the Occupational Health and Safety Act (the “OHSA”) which have enshrined various rights of employees, and obligations of employers.  Some of the employment law rights and duties which repeatedly come up […]


Rudner MacDonald in the Classroom

Employment law is constantly evolving and becoming increasingly complex. As we often say, every decision must be assessed with consideration of some or all of: Employment Standards Human Rights Occupational Health & Safety Privacy Common Law Tax Law HR Professionals, and all those tasked with HR issues, are now expected to be “part-time lawyers” in order to do their job […]



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