Ian, Author at Achkar Law

Paternity Leave Ontario Explained

In Ontario, parents have the opportunity to take a job-protected leave of absence, commonly known as "parental leave," following the birth or adoption of their child. Paternity leave, specifically designed for fathers, falls under this broader category of parental leave. Legal Framework Parental leave in Ontario is governed by the Employment Standards Act, 2000 (ESA), while parental benefits are regulated by the federal Employment Insurance Act (EI). ESA Parental Leave – up to 63 Weeks Under the ESA, both new parents, including birth...

December 4, 2023

Is Jury Duty Mandatory in Ontario?

In Ontario's legal landscape, the obligation to participate in jury duty is a fundamental aspect of civic responsibility. As it stands, Ontario permits a jury of six individuals to deliberate in civil cases, unless statutory restrictions come into play. All Canadian citizens aged 18 and older can be called upon to fulfill their civic duty by serving as jurors when selected. However, it is noteworthy that, unlike some jurisdictions, Ontario employees are not mandated to be compensated for their...

November 30, 2023

Breach of Contract: What You Need to Know

Contracts are the backbone of many professional and personal relationships, outlining the expectations and responsibilities of each party involved. However, what happens when one party fails to live up to their end of the bargain? This is where the concept of "breach of contract" comes into play. In this article, we'll explore the basics of breach of contract, helping you navigate this common legal issue. What is a Contract? Before diving into breaches, let us clarify what a contract is. A...

November 24, 2023

Notice Periods and Selling a Business: Does the Sale Interrupt Employment Length of Service Calculations?

Notice Period and Selling a Business: Explained

In the current economic climate, employers face the challenging task of restructuring their companies and selling their businesses. One common concern arising from such transactions is the impact on employees. When employees face termination without cause, they are entitled to a reasonable notice period or pay-in-lieu for such notice. With a sale of business on the horizon, many employees wonder what this means for their notice period entitlements. What are the implications for employees when a business is sold? Do all...

November 20, 2023

How To Respond to a Constructive Dismissal Claim

Constructive Dismissal: How To Respond to a Claim

Addressing a constructive dismissal claim as an employer poses unique challenges. When confronted with a demand letter or claim of constructive dismissal, the allegations can be unexpected and may leave you grappling with decisions on how to proceed. The temptation to quickly settle to avoid potential legal complications or the inclination to dismiss the allegations outright is common. However, it is imperative to exercise caution and seek legal counsel before formulating your response to a constructive dismissal claim. In this article,...

November 11, 2023

Photo of a woman sitting on the floor of her office reading a note. She believes it is a case of constructive dismissal.

Constructive Dismissal: 4 Key Considerations

Employers do not always dismiss employees using clear language such as “you’re fired”. Sometimes, employers will constructively dismiss employees by creating a workplace environment that is so toxic the employee resigns on their own. Such circumstances, known as "constructive dismissal", occur when the employer essentially forces an employee to resign because the employer either violated a fundamental term of the employment contract, modified them unilaterally, or created a toxic working environment. The change must have been significant, and the...

November 10, 2023

Commercial Litigation: Choosing the Right Litigation Law Firm

In the realm of commercial litigation, the task of selecting the right litigation law firm can be quite the challenge. Whether you are a business owner grappling with a legal dispute or an individual seeking justice in the world of commercial litigation, it is imperative to find the perfect fit. In this article, we will navigate the intricate landscape of commercial litigation and explore the key factors that will help you choose the best commercial litigators and litigation lawyers...

November 2, 2023

Statutory Holidays And Holiday Pay In Ontario For 2024

Stat Holidays and Holiday Pay in Ontario 2024

In Ontario for the year 2024, there are 9 statutory holidays for provincially regulated employees, which cover approximately 90% of the workforce. Statutory holidays are also commonly known as public holidays and are officially recognized as such by the provincial government. Most employees in Ontario have the right to take the day off on a statutory holiday and receive statutory holiday pay. In cases where an employee works on a statutory holiday, they are entitled to receive statutory holiday pay...

November 1, 2023

Commission Based Jobs in Ontario and Employment Law

Commission Based Jobs and Employment Law

Commission-based jobs are a cornerstone of the Ontario economy, offering individuals the opportunity to earn based on their performance. In this article, we'll delve into the world of commission-based jobs in Ontario, exploring the intricacies of Commission Agreements, legal rights, and what happens when commissions go unpaid. What is Commission In the context of employment and jobs, "commission" refers to a form of compensation that employees receive based on their job performance. Instead of a fixed salary, employees in commission-based roles...

October 28, 2023

Undue Hardship and the Duty to Accommodate

In Ontario workplaces, finding the right balance between employee needs and operational efficiency is crucial. This article looks into the practical aspects of dealing with undue hardship, a concept grounded in the Ontario Human Rights Code. We will explore the legal framework, and the responsibilities of employers, and offer straightforward tips for both employers and employees. Let us cut through the complexities and get to the essentials of managing undue hardship effectively. What is Undue Hardship? "Undue hardship" is a legal...

October 28, 2023

Paternity Leave Ontario Explained

Is Jury Duty Mandatory in Ontario?

Breach of Contract: What You Need to Know

Notice Period and Selling a Business: Explained

Constructive Dismissal: How To Respond to a Claim

Constructive Dismissal: 4 Key Considerations

Commercial Litigation: Choosing the Right Litigation Law Firm

Stat Holidays and Holiday Pay in Ontario 2024

Commission Based Jobs and Employment Law

Undue Hardship and the Duty to Accommodate

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