changing employees' work schedules, workplace lawyers

Employers Making Changes to Employees’ Working Schedules

Many employees are surprised to learn that the Employment Standards Act (“ESA”) does not contain provisions that prevent an employer from adjusting an employee’s work schedule. However, employees do have certain rights in this situation. What Are the Minimum Requirements for Employee Work Schedules? The ESA sets out daily and weekly limits to hours of work. The maximum hours that most employees can be required to work is 8 hours in a regular workday, and 48 hours in a work week....

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temporary layoff in ontario, termination, workplace lawyers

Everything you Need to Know About Temporary Layoff in Ontario

During the COVID-19 pandemic, we received countless questions from employers and employees about temporary layoffs in Ontario. The Ontario government also amended the Employment Standards Act (“ESA”) to address some of the new challenges arising from the pandemic. Below are some of the most frequent questions we receive about temporary layoffs in Ontario. What is a Temporary Layoff in Ontario? A temporary layoff in Ontario is where an employer stops the employee’s work (or reduces his/her hours significantly) without ending...

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non-compete clause, employment law, workplace lawyers

Non-Compete Clause in Ontario

What is a Non-Compete Clause? A non-compete clause in Ontario is often referred to as a “restrictive covenant” that is built into an employment agreement – where it restricts certain actions of an employee once the employment relationship comes to an end. A non-compete clause is typically used where the employer is attempting to prevent actions that may harm the employer’s business – such as not opening up, or entering into, a competing business, within a particular geographical region for some...

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job abandonment, absence, tardiness, employment lawyers

Job Abandonment Ontario: Being Absent, or Late

Job abandonment refers to a situation where an employee stops showing up to work as expected, without approval from the employer. In these situations, the employer may conclude that the employee abandoned their position. But not all situations where an employee disappears or is tardy amount to job abandonment. What is the Legal Test for Job Abandonment? In Nagpal v. IBM Canada Ltd., 2019 ONSC 4547, the legal test for job abandonment was summarized as follows: Do the statements or actions...

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employment law, labour law, employment lawyers, labour lawyers

What Is The Difference Between Labour Law and Employment Law?

At Achkar Law, we have expertise in a range of legal matters including employment law, labour law, and human rights law. However, not all lawyers who practice employment law also practice labour law. So, what is the difference between labour law and employment law in Ontario? What Is Employment Law in Ontario? Employment law broadly covers a range of workplace matters between the employer and an employee. Employment law deals with non-unionized employees, so the focus is on the relationship between...

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employee burnout, workplace stress, employment lawyers

Avoiding Employee Burnout In the Workplace

The past year had a significant impact on how and where people work. With the increase of jobs going remote, the lines between work and home are becoming more blurred. But what impact does this have on employee burnout in the workplace? How do we ensure that 2021 is a better year than the last, while ensuring employees are both productive, healthy, and fulfilled? What is Employee Burnout? Burnout may seem like a casual term used in the workplace but it has...

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mediation, employment law disputes

Mediation in Employment Law Disputes in Ontario

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,

Obligations to Employees During a Sale of Business in Ontario

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 employees during a sale of business in Ontario. 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...

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workplace communication

Communication in the Workplace During COVID-19

If you are a small or medium-sized company looking for full-service support, visit our CLO program page for our strategic solutions. ******************* Disclaimer: This blog is not intended to serve as, or should be construed as legal advice, and is only to provide general information. It is in no way particular to your case and should not be relied on in any way. No portion or use of this blog will establish a lawyer-client relationship with the author or any related...

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just cause, wrongful dismissals

Just Cause or Wrongful Dismissal? The Case of Hucsko

When it comes to the dismissals, employers will have the option to dismiss an employee with just cause or without cause. When an employee is dismissed with just cause, the employer does not owe them any termination entitlements such as notice or pay in lieu of notice. Wrongful dismissals happen when a termination is done without proper notice or pay in lieu provided to the employee.  Just cause in Ontario normally stems from serious or repeated misconduct by the employee,...

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