retirement, senior, work retirement, retirements rights, discrimination, employment lawyer

Forced to Retire? Early Retirement and Human Rights issues

At some point in an individual’s career, retirement will be nearing, and the employee will choose when is the right time for them to retire. The decision to retire is up to the employee, and employers cannot force an employee to retire, leaving the employee with the right to work until the age they choose to.However, employers may draft a retirement policy which can be agreed to as part of the employment agreement prior to the employee agreeing to...

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finding an employment lawyer

Finding an Employment Lawyer

Finding an employment lawyer for a an employment law related issue before the courts or the Ontario Labour Relations Board can be difficult. There are various aspects to consider before making your final decision, and the decision should be handled with care and diligence. As there are varying types of lawyers and law firms – some who handle all types of laws, while others focus on a particular area – it is important to select a lawyer that specializes...

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Human rights case, human rights lawyer, human rights

Do I Have a Human Rights Case?

In Ontario, human rights are governed by Ontario’s Human Rights Code (“OHRC”) and the Canadian Human Rights Act (“CHRA”), depending on whether the individual is provincially or federally regulated. Both the OHRC and the CHRA provide individuals with equal rights and opportunities in five different social areas including employment, housing and services. The legislations protect individuals from harassment and discrimination based on the various protected grounds such as age, disability, race, and origin, among others. It should be noted, however,...

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mediation, employment law disputes

Mediation in Employment Law Disputes

Mediation is a process to settle disputes between parties with the help of a neutral party known as the mediator - this could be for employment law disputes as well as any other type of dispute. The mediator is different from a judge as he/she does not have the authority to decide the case or impose settlements. Nonetheless, the end result of a settlement agreement may save the parties both costs and time when it comes to settling a...

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sale of a business, obligation to employees,

Sale of a Business and Obligations to Employees

When a business is sold, it is usually more than just money that is exchanging hands. Depending on the type of sale, the new employer may carry certain obligations to the current employees. When two parties, usually the vendor and purchaser, enter into an agreement to sell, the type of sale of the business will determine whether the vendor or purchaser carries the obligations to the business’s employees. This article goes over where obligations to employees lie during the purchase...

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sexual harassment, human rights tribunal

NK v. Botuik: Sexual Harassment in the Workplace

Sexual Harassment Cases - The HRTO weighs-in On April 24, 2020, the Human Rights Tribunal of Ontario issued a decision in the case NK v. Botuik, 2020 HRTO 345 awarding the Applicant $170,000.00 in general damages against her former supervisor Mr. Botuik. This represents the second-highest amount of damages ever awarded by the Tribunal in a sexual harassment case. Considering the significant damage award, employers should ensure they take the lessons from this case to best protect themselves from liability...

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employment agreement; shareholder agreement, employment contract

The Particulars of Shareholder Agreements

As companies expand, they often acquire new shareholders with a diverse range of interests. These shareholders may desire the protection of their investment in the form of more control and transparency concerning the operation of the business. At the same time, it may be in the interests of the corporation to protect itself from the dilution of ownership and any unexpected actions by shareholders. Both parties may consider a shareholder agreement to pursue these interests.  The Shareholder AgreementThe shareholder...

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business liability, business litigation

New Ontario Law: Protecting Businesses From Liability

On October 20, 2020, the Government of Ontario introduced the Supporting Ontario’s Recovery and Municipal Elections Act (“Act”) with the intent of protecting individuals from lawsuits arising out of being directly or indirectly infected with or exposed to COVID-19 - in other words, from certain aspects of business liability.These protections apply if the individual has acted in good faith to follow health guidelines and laws and their actions do not amount to gross negligence. The Act would also amend...

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no mask, human rights concerns

No Mask, No Service – Human Rights Concerns

With the COVID-19 pandemic ongoing in Ontario, laws making the wearing of masks mandatory to enter stores and businesses have been triggering Human Rights concerns in the City of Toronto. Employers are therefore responsible for enforcing the mask mandate on customers entering their stores and locations, in addition to their employees. While it may seem straightforward, there are other intersecting obligations and issues employers need to be aware of before turning away customers from their business.Exemptions to the Mandatory...

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Human Rights Violations in The Workplace During COVID-19

Many employees and businesses in Ontario are experiencing a high level of uncertainty due to the impact of the COVID-19 pandemic. In many industries, public health measures have required significant changes to the workplace when it comes to where and how businesses operate. There is still a constant risk that employees may become ill or have care responsibilities which engage their human rights. This article covers some common areas that human rights violations may occur amidst the COVID-19 pandemic.Termination...

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