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Consequences of Firing Employees Without Cause

Consequences of Firing Employees Without Cause

In Ontario, an employer can fire an employee without cause at any time, through no fault of the employee. Under Ontario employment law this means an employee does not have to do something wrong to be dismissed. Most employees are terminated without cause in Ontario. However, employers can only terminate employees without cause by providing them advanced notice and/or severance pay. The reasons for dismissing an employee without cause can be company-wide restructuring, shortage of work, cost-cutting, or poor work...

Fiduciary Duty: What Directors and Officers Need To Know

Fiduciary Duty: What Directors and Officers Need To Know

Directors and officers of a corporation owe a fiduciary duty to the corporation and its shareholders, due to the special role they hold. They must make decisions that benefit the corporation as a whole and avoid self-dealing or conflicts of interest. This article explains what a fiduciary duty is, how to prevent a breach of this duty, and how a lawyer can help. What Is a Fiduciary Duty? A fiduciary duty is an obligation that requires one party, known as the fiduciary,...

Can I Start an Action Against my Union for Discrimination?

Can I File Complaints Against My Union for Discrimination?

When an employee works in a unionized environment, any issue that they have in the workplace, including complaints against the union, must be dealt with through their union's grievance process. Once a union is certified by the Labour Relations Board at a workplace, it doesn’t matter if the employee has actually signed up to join the union; they still have to pay dues and can only bring legal claims under their collective agreement. If they experience a workplace problem,...

What is discrimination in the workplace?

What is Discrimination in the Workplace?

Discrimination in the workplace is a common problem. According to a 2021 study, 17% of the job applicants and 9% of the workers faced workplace discrimination in some form or another. Despite having clear laws against workplace discrimination, people still face discriminatory behaviour from employers. It makes one wonder, what exactly is workplace discrimination? How should an individual or an organization deal with it? And what even is the law concerning discrimination in the workplace? This article will answer these...

The Probationary Period: What You Need To Know

The Probation Period: What You Need To Know

In Ontario, the probation period  is utilized in testing and shaping the relationship between employers and employees during the initial stages of the employment relationship. This period provides employers with a window of opportunity to assess the suitability of a new employee for a particular role while allowing employees to demonstrate their potential and compatibility within the organization.  This article will look into the employment probation period in Ontario, what both employees and employers need to be aware of, and...

Types of Employment Contracts in Ontario

Types of Employment Contracts in Ontario

In the ever-evolving world of work, understanding the different types of employment contracts is essential for both employers and employees. Whether you're seeking job security or flexibility, this article will walk you through the various contract types prevalent in today's job market. Take a look at different types of employment agreements, from permanent positions to temporary and everything in between. What is an Employment Contract in Ontario? An employment contract is an agreement between a worker and his/her employer that outlines...

Effective Performance Reviews: Legal Best Practices for Ontario Employers

Performance Reviews: Legal Best Practices for Ontario Employers

Performance reviews are a crucial tool for employers in Ontario to evaluate and optimize worker performance, provide constructive feedback, and promote an atmosphere of wellness at work. They act as a crucial aspect to an employee's professional development and advancement as they give companies the chance to assess employee performance, celebrate achievements, and identify areas where improvement is required.  However, conducting effective performance reviews requires employers to navigate various legal considerations. We will explore the key steps and legal requirements...

11 Things Your Boss Can't Legally Do (in Canada)

11 Things Your Boss Can’t (Legally) Do

As the ‘boss’, employers may incorrectly believe they have complete control over the employment relationship between themselves and their employees.  However, while employers may have the authority for operating their business, they must do so within the confines of the law. There are many things a boss can't legally do.  In Ontario, there is a variety of legislation and court-made law governing the employment relationship. Ontario employers may be surprised to learn that it is not as simple as having...

What Is A Bona Fide Occupational Requirement In Ontario?

What Is a Bona Fide Occupational Requirement in Ontario?

Although Ontario has robust human rights laws, they are not unlimited. In the workplace, a worker may be able to show discrimination where a workplace requirement or factor results in unequal treatment based on certain protected characteristics. However, there are exceptions and defences that an employer can assert in response. For example, an employer is required to accommodate a worker only up to a certain point, called undue hardship. Further, Ontario’s Human Rights Code (the Code) states that the rights of...

Can I Take a Mental Health Day in Ontario?

Can I Take a Mental Health Day in Ontario?

Mental health is often an unseen challenge, and is becoming a growing concern in today’s workforce. Mental health challenges often remain hidden, unlike physical injuries, but that does not make them any less real or impactful. Sometimes mental health challenges can take its toll, and employees need time off of work to heal and continue with their daily routines. This article explains employees’ rights when it comes to taking a day off for mental well-being in Ontario, and the employer's...