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Category Archives: The Employment Relationship

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 […]


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 […]


Clearing Up Common Misconceptions About Termination and Severance Pay

There continues to be a plethora of myths and misconceptions when it comes to the termination of the employment relationship. We are asked the same questions time and time again, including: Can an employer make a dismissed employee work through the notice period? Is a dismissed employee entitled to a lump sum? What happens if a dismissed employee finds new […]


What to do When Your CEO Goes Rogue: Hangout with Rudner MacDonald

Stuart and Cody on what to do when your CEO goes off the rails, creates mayhem, and nothing you do stops the downward spiral.   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 in new window)


How to Respond to Requests for Accommodation

The workplace is no longer what it used to be, and the circumstances that an employer must accommodate continue to expand. Be it childcare arrangements, medicinal marijuana, or transgender accommodation, human rights continue to impact the workplace. Employers expose themselves to significant liability if they fail to respond to these requests appropriately. Unfortunately, many make the mistake of dismissing unusual requests […]


Top 10 Employment Law Developments of 2016

One might think that by the year 2017, employment law would be settled and there would be few, if any, issues that are unpredictable or where the law is “open to interpretation”. That would be wishful thinking; 2016 included its share of new developments, surprising court decisions, and significant legislative developments. The reality is that as social attitudes evolve, the […]


Managing Attendance and Absenteeism

Managing attendance and absenteeism in the workplace is one of the most difficult issues for employers. Some common questions are: Are employees entitled to “sick days”? Can employers require medical notes? What steps can employers take to manage attendance? Can excessive absenteeism be grounds for dismissal? This is another example of the ongoing balancing act between the rights of individuals […]


Dealing With Rogue CEOs Spiraling Out of Control

Donald Trump has, for better or worse (likely worse), captured the attention of the world. His behavior has been so inappropriate and offensive that many members of his own party have refused to support him. Many have accused Trump of tearing the party apart. Obviously, American political parties have their own rules and processes, and are not the same as […]


Jury Duty and Bereavement Leave: What are Your Rights?

Employment law is filled with myths and misconceptions. Previously, I have written about the myth that employees are entitled to one month of severance per year of service (not true), as well as misconceptions relating to overtime, holidays, vacation, and other issues. With respect to leaves of absence, my recent Canadian HR Law post pinpoints two areas of confusion that […]


680 News Toronto: Stuart on Productivity and ‘Summer Brain’

Stuart speaks with 680 news’ Mike Eppel on ‘summer brain’ and the productivity issues some employers face during the warmer months. 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 in new window)


Requiring Medical Evidence of Ability to Return to Work

My latest Canadian HR Law blog post discusses the issue of requiring medical evidence from employees on medical leave prior to their return – a topic that has more layers to it than meets the eye. The Duty to Accommodate Disability   In recent years, much has been written about the duty of an employer to accommodate disability, which can often […]



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