Blog & News

thanksgiving day and stat holiday pay explained

Understanding Thanksgiving Day and Employment Law

Thanksgiving Day in Canada, celebrated on the second Monday in October, is a cherished holiday that offers a moment for reflection, gratitude, and family gatherings. Unlike its American counterpart, Canadian Thanksgiving is rooted in giving thanks for a successful harvest, reflecting the country's agrarian past. Today, it encompasses broader themes of gratitude for one's blessings, including family, friends, and overall well-being. Purpose of Thanksgiving Day The essence of Thanksgiving Day is to acknowledge the bounty of the past year within a...

workplace investigator and employment investigations

A Workplace Investigator and the Employment Investigation

In any organization, workplace issues such as harassment, discrimination, or misconduct can arise. Addressing these concerns in a thorough and impartial manner is critical to maintaining a healthy work environment. This is where a workplace investigator comes in. In this article, we will explore the role of a workplace investigator and why an employment investigation is essential for resolving workplace conflicts. What Is a Workplace Investigator? A workplace investigator is a neutral third-party professional responsible for conducting comprehensive investigations into workplace...

forced dismissal or forced resignation article

Understanding Forced Dismissal in Ontario

In an ideal work environment, employees have the freedom to leave their jobs on their own terms or remain employed as long as they are fulfilling their duties. Unfortunately, there are situations where workers are put under pressure to leave their positions involuntarily, a situation commonly referred to as forced dismissal or forced resignation. Forced dismissal can have serious legal consequences for both employees and employers. It is important to understand what forced dismissal is, how it differs from voluntary...

choosing a workplace lawyer article

Choosing a Workplace Lawyer

Whether you are addressing employment disputes or ensuring your company adheres to Ontario's workplace laws, selecting the right workplace lawyer is crucial. This decision influences workplace relations, legal standing, and financial outcomes, making it vital for both employees and employers to choose their legal representation wisely. This article looks into the crucial aspects of selecting a workplace lawyer adept in employment law, suitable for defending employee rights or protecting business interests. From assessing legal expertise to understanding communication styles and...

employee vs contractor

Employee vs Contractor?

Knowing whether you are an employee or a contract worker in Ontario can have a big impact on your legal rights and obligations. Your classification affects everything from your entitlement to Employment Insurance (EI) and reasonable notice, to the benefits and protections you receive at work. While a written employment contract might state your status, the true nature of your working relationship could be different. Determining whether you are an employee or an independent contractor involves looking beyond your...

gig economy and labour law

The Gig Economy: What Workers Need to Know

Traditionally, gig workers were considered freelancers or independent contractors. However, the rise of on-demand platforms, or the “gig economy,” has blurred the lines between independent contractors and traditional employees. What is Gig Work? Gig work is characterized by three key factors: Temporary, with no expectation of continued work. Paid on a per-assignment basis. Flexible, with workers choosing when and how much they work. Many gig workers operate through digital platforms, like Uber and DoorDash, which connect them with clients. While these workers...

Contra Proferentem in Ontario in Employment Contracts

Contra Proferentem in Ontario – Ambiguity in Employment Contracts

When disputes arise over the interpretation of employment contracts, the legal principle of contra proferentem often plays a significant role. This doctrine, which means "against the offeror" in Latin, is designed to protect employees in situations where the wording of a contract is unclear or ambiguous. In the context of employment contracts, contra proferentem serves as a powerful tool that tilts the interpretation of ambiguous terms in favour of the employee rather than the employer, who typically drafts the...

non disparagement clause

Understanding Non-Disparagement Clauses

When employees and employers part ways, whether through termination, resignation, or settlement, it’s common for agreements to include a non-disparagement clause. This legal provision can significantly impact an individual’s ability to discuss their former employer and colleagues. But what does this clause actually mean, and what should employees be aware of before agreeing to it? This article explores the ins and outs of non-disparagement clauses, including their meaning, limitations, and what employees give up when they agree to these terms. What...

wrongful termination faqs article

Wrongful Termination in Ontario: Essential FAQs

Wrongful termination can have a profound impact on employees, affecting not only their livelihoods but also their sense of security and fairness in the workplace. In Ontario, specific laws and protections exist to safeguard employees from unjust dismissals. Whether you're an employee who believes you've been wrongfully terminated or an employer seeking clarity on proper dismissal practices, understanding the legal framework around wrongful termination is crucial. This FAQ guide will help answer common questions about wrongful termination in Ontario,...

employer retaliation

Employer Retaliation and Employees Rights in Ontario

Laws in many jurisdictions, including Ontario, provide protections against employer retaliation. In Ontario, for example, the Employment Standards Act, 2000 (ESA) and the Ontario Human Rights Code (the Code) contain provisions that prohibit employers from taking adverse actions against employees for exercising their rights or reporting workplace violations. If an employee believes they are facing employer retaliation, they may have legal options, such as filing a complaint or seeking legal counsel. What Is Employer Retaliation? Employer retaliation occurs when an employer...