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Category Archives: The Employment Relationship

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 […]


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 […]



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