Blog by Achkar Law | Strategic Employment Lawyers Ontario

Ontario State of Emergency: New Deadlines for Recalling Employees

In order to respond to the overwhelming effect of COVID-19 on employers and businesses, the government enacted and implemented Ontario Regulation 228/20 (“Regulation”) into the Employment Standards Act, 2000 (“ESA”). Recalling employees is the top mind for many employers but doing it without care may cause problems. Laid-off employees are understandably anxious to return to work. The Regulation has allowed employers to temporarily lay-off employees and make unilateral changes to their compensation without triggering a constructive dismissal under the ESA....

September 8, 2020

Employee Benefits After Dismissals, Layoffs, and Leaves in Ontario

There are sometimes situations when employees are absent from work as a result of a leave, layoff, or dismissal - but what happens to their employee benefits in Ontario during this time? Employee Benefits After Dismissals in Ontario When an employee is dismissed, their termination entitlements depend on whether the employee’s notice period falls under statute, common law, or contract law. Under the Employment Standards Act, 2000 (“ESA”), upon a dismissal where the employee has been employed for at least three...

September 1, 2020

Avoiding a Breach Fiduciary Duty with Due Diligence | Achkar Law

Preventing Breach Fiduciary Duty with Due Diligence

Directors and officers of a corporation have important responsibilities, including overseeing the company and acting in its best interests, which is known as their fiduciary duty. When directors carry out their duties, they must be careful and act honestly. This means prioritizing the company's needs over personal or other interests and making decisions that benefit the corporation. These responsibilities include avoiding conflicts of interest and making wise business choices. However, being a director comes with accountability. Directors can be held...

August 24, 2020

The Dangers of Relying on Online Legal Advice

Relying on online legal advice can be tricky. The internet is a vast place full of easily accessible information—whether the information is accurate or applies to your situation is a different story. Many firms, clinics, organizations, and individuals post information discussing various legal topics. While legal information may be posted generally, these general rules may not apply to your particular case. Relying on inaccurate information or applying that information to your matter in a blanketed fashion can harm your case....

August 20, 2020

Remote Work – Privacy vs. Monitoring in the Workplace

As cities enter the latest stages of reopening, some companies are returning to work in the physical workspace. However, some employees are continuing to work from home. Employers typically have a harder time managing and monitoring their employees when employees work remotely, where actions and tasks are not easily visible or traceable. As a result, employers may resort to other ways of monitoring their employees, whether it be through social media, applications, or daily trackers that can be verified. However,...

August 6, 2020

Recordings In The Workplace

Both employees and employers often inquire about their ability to record in the workplace during their meetings, conversations, and other interactions in the workplace. Some may use this as diligent record-keeping, others as collecting evidence for investigations or civil actions. Both sides must understand their rights and responsibilities when it comes to recording others at work. Recordings in the Workplace by Employees Employees are technically able to record a conversation at work in certain circumstances, such as when they are part...

July 23, 2020

Canada Labour Code: New Harassment and Violence Laws

Canada Labour Code Updates: Harassment and Violence Laws

In 2018, Bill C-65 received royal assent—as a result, Part II of the Canada Labour Code was set to be amended to introduce laws surrounding workplace harassment and violence. Recently, the federal government announced the Canada Labour Code amendments will come into force on January 1, 2021. As federal employers will need to be more proactive about workplace harassment and violence, they should ensure their policies and procedures are properly updated to reflect the changes. What are the Changes? Bill C-65 introduces a definition...

July 23, 2020

After-Acquired Cause in Ontario: What Is It and How Does it Work?

When it comes to dismissing an employee, employers will typically have two options—dismissing the employee with or without cause. When an employee is dismissed with cause, they are not owed any notice or termination pay. However, just because an employee has been dismissed without cause, does not meant they cannot be dismissed with cause at a later time. An employer might find out about an employee’s misconduct after the without-cause dismissal, and may rely on the misconduct to dismiss...

July 15, 2020

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Complaints to the Ministry of Labour May Reduce Damages

When a workplace issue arises, employees can choose different avenues when it comes to getting help. While most avenues are helpful in some form, some offer greater benefits than others. For an employment issue concerning non-unionized employees, two options available to employees are either to retain a legal professional, or to make a complaint with the Ministry of Labour (“MOL”). However, there are some significant differences. MOL representatives are not trained legal professionals whose interest is to serve the employee’s best...

July 9, 2020

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The Case of Non-Returning Employees

With businesses slowly resuming operations, employers are beginning to send out recall notices to employees who were temporarily laid off due to COVID-19, and our finding that they have non-returning employees, or employees are refusing to return to work. The process of recalling is typically dictated by employment standards, company policy, and in unionized environments, the collective agreement. For provincially regulated businesses, employees are expected to return to work after being recalled “within a reasonable amount of time” or pursuant to...

July 2, 2020

Ontario State of Emergency: New Deadlines for Recalling Employees

Employee Benefits After Dismissals, Layoffs, and Leaves in Ontario

Preventing Breach Fiduciary Duty with Due Diligence

The Dangers of Relying on Online Legal Advice

Remote Work – Privacy vs. Monitoring in the Workplace

Recordings In The Workplace

Canada Labour Code Updates: Harassment and Violence Laws

After-Acquired Cause in Ontario: What Is It and How Does it Work?

Complaints to the Ministry of Labour May Reduce Damages

The Case of Non-Returning Employees

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