Canadian Employment Law Articles

2013 Resources

Abusive Bosses Be Forewarned

Bosses take note: Lewd comments off hours is still sexual harassment

What readers want to know: Your career questions answered

Beware of clearing out older staff for young blood

Employers beware, the devil is in the counterclaim

When Violence Isn’t Just Cause For Immediate Dismissal

Will Working A Second Job Put Your Career At Risk?

Even Encouraging Employees To Retire Early Is Risky

The Expectation Of Privacy On a Computer Provided By the Employer

Follow Human Rights Code On Mental Health

Women Face Tougher Time Finding Jobs After Ruling Affirms Flexible Shift Right

Even With a Contract, It’s Hard To Prevent Pilfering of Clients

Protection from social media traps

What To Do When Your Staff Lies To You

Gender Bias Means Lower Severance For Women

Teachers Should Earn Their High Pay

How To Maximize Your Termination Settlement

Eldercare Policies Need Revisiting

2012 Resources

Workplaces Not Only Need Privacy Policy, But Also Enforcement

Ho Ho Hold the Partying

Employers Should Ask About Mental Health Issues

Act Carefully When Dismissing a Pregnant Employee

Dismissal Law Now Favours Employees

Don’t Avoid Dealing With Disruptive Staff

When Lawyers Should Stay In the Background

Wise Employers Pick Their Battles Carefully

Making The Case For Rejecting Misleading Advice

Firing employees for insensitive personal online remarks

Deconstructing Constructive Dismissal

Here’s How More Teachers Can Actually Earn Those Hefty Salaries

Excessive Teachers’ Wages a Boondoggle We Can’t Ignore

Pitfalls and Advantages Of Working Notice

Legal Advice Can Gallop Off In All Directions

Destiny Had a Say In Work Location

When Two Weeks Won’t Do

The Top 10 Employment and Labour Risks

How To Deal With Sexual Harassment

An Employer’s Futile Decision To Go To Court

Careful What You Watch On the Net

Medical Leave Can Act Like Sword

Time Is Money For Financiers

What You Do At Home Can Get You Fired

Avoid Shortcuts When Terminating Staff

No Longer Expedient To Give In To Strike Threat

Firing Done Poorly Can Cost Company

Strip Searches: Not a Good Idea

Pride Led To $6M Award For Options

Working Notice a Sound Option To Severance

Be Firm, Quick – and On Paper

What Tangled Webs We Weave

Bullying Can Boomerang

Dismissal Requires Proper Procedure

Illegal Pilot Strike Cause For Firings

Walking Out Isn’t a Formal Resignation

Retirement ‘Loophole’ Overblown

Investigate the Investigation

Criminality Can Be a Tough Tightrope Walk

Good Hiring Helps Prevent Bad Firing

Picking a Lawyer On the Cheap Might Saddle You With Unwanted Costs Later On

Unwise Doesn’t Mean Unlawful

CAW Concessions Might Have Stopped the Jobs Bleed

Don’t Slack on the Performance Process

Avoid These Costs of Letting Go

Employers Should Stand their Ground

Indifference Ends on Public Wages

Guard Against Assumptions

Constructive Tips on Demotions

2011 Resources

Should I Sign a Release?

You’re Fired – Now What?

How To Win An Employment Suit

Under Investigation at Work?

Contracts Restricting Post-Employment Activities

Are Probationary Periods Legal in Canada?

Dealing with office grinches

Ho ho hold the liability at your work party

Fixing government-union relations

Right to demand accountability

A case for true neutrality

Cooling a heated episode

Really, what is the employer’s choice?

How not to handle a sexual harassment accusation

The root of the problem employee

The law of unintended consequences will prevail

How absenteeism can lead to dismissal

When it’s OK to spy on employees

Dismissal is best dished up cold

Unions are just doing their jobs

Invoking ‘frustration’ far from simple

Courts will demur to employment contracts

When a demotion is a dismissal

Make sure your layoff decisions are airtight

‘Bonhomie,compassion, judgment’

Good lawyers know the ropes

Nothing but the partial truth

How politicians should deal with public sector

Be generous during life crises — the courts will

When employees leave, it pays to keep it amicable

Consent offers no protection from complaints

Public service unions can be beat

The trouble with empty policies

Case for poor performance relies on documentation

Looking for a balance in human rights tribunals

Insubordination treads a fine line

How Facebook can lead to cause for firing

Labour officers flex muscles for maternity leave

When is a resignation not valid?

Protecting your company from union agents

Stop paying too much severance

2010 Resources

Employers face battle to fine union workers

Rules for competing with former job unclear

Rules to keep work parties festive

Put it in writing for workers with children

Ignore misconduct and risk being sued

When is a release signed by an employee binding?

Tribunal has some flaws

Courts don’t treat bullying lightly

Province’s deal sets expensive precedent

Sick days not entitlement

Teleworking need not be a boondoggle

A thief in your midst?

Behave yourself, even off duty

Labour issue must trump

When to cut sick staff off

HP suit wouldn’t see light of day

Guidelines for office romance

Counsel’s job is not to prove guilt

Don’t wait for staff to jump ship

Court clarifies limits to tantrum effect

Tips on how to deal with those difficult employees

There’s a right way to fire for cause

Nothing but the partial truth

Hire right, you won’t need me

What no eraser can fix

Lower sick leave by asking for real proof

The economy effect

Severance isn’t an entitlement

Employer’s $500,000 breach

Not all acts of dishonesty are alike

Trump false disability card

When ribaldry goes too far

Some cases should go to trial

Ruling makes it easier to fire for non-performance

Workplace Law: Don’t walk away without proper notice

Don’t pay for incompetence. Employers have tools to fire poor performers

Workplace Law: Almost painless dismissals

Vague rules only invite complaints. Do workplaces need more protection laws?

Settle dust-ups out of court

Crippled by legislation. Protection laws for employees have gone too far

Workplace Law: Employers should not rush to settle up

‘Sense of entitlement’ has little basis in law

Workplace Law: Hire a lawyer as you would an employee

Disabled can still be fired

Legal support goes too far

Firing should be left to experts. Sensitivity key to avoid awards

About to be fired? Read this. Don’t give your employer cause

Beware false accusations

Employer still has rights. Courts uphold respectful changes to employee contracts

Probation is a dirty word. Set rules to win from the start

Workers’ best defence. Don’t take reprimand lying down

Shuffle staff with care. Proactive HR steps can help employers triumph

Facebook snooping can return to haunt

2009 Resources

Tribunals seem out of touch with the times

2009 saw wins for both employers, workers

Lazy hiring practices lead to lawsuits

Don’t undermine case for dismissal. Do nothing that could suggest conduct affirmed

When push comes to legal shove. Employer asked to deal with domestic discord

The difference a book makes. Failing to provide top advisor notice proves costly

Voters could change collective agreements. Ask candidates to take a stand

Job contracts are a lot like prenups

Time to level WCB playing field

Incompetence is cause for firing

Hold the phone: Firms may pay

Beware the skeletons let loose

The cardinal sins employees commit. Excessive smoke breaks are abuse of company time

Resume lies can cost you more than a job. Performing well may not keep you out of court

Beware of false prophets in employment law. Employers must ask themselves a few questions

How not to fire someone

Silence not golden in a crisis

Two points of view, only one outcome. Court finds employee’s claims less believable

Love is blind, but co-workers ain’t. Employers need to be clear about dating policies

Suing employers soon to get easier

Ensure overtime policies are fair and clear

Toronto settles for future strife. Mayor caved in on sick leave, benefit, discipline provisions

Human rights policy not the same as law

It is up to employers to thwart strikes. Best way to do that is to continue to operate as usual

Cities cannot afford to pay union ransom. Letters show Torontonians tend to agree

Are unions losing their purpose? Law affords more protection to employees

How to weather a legal storm. Tell public your side of the story

Take fear out of firing. Some simple steps to avoid damages

What makes your lawyer a winner. Anatomy of a lawsuit

Time to audit your safety policy. Inexperience and youth escalate risk of injury

Keep civility in dismissal

Beware of time wasters. How to monitor staff who say they are on outside calls

When does a robust leader become a bully? Policy changes could leave firms with a hefty bill

It’s time to audit your crisis readiness. Swine flu highlights issues of employer rights

Creative cuts not without cost

Proof employers are reading blogs. Insubordination online is cause for dismissal

Turning a blind eye can be costly. When an office romance leads to harassment case

Excessive payouts can be challenged. Investors should send a message to corporate boards

More than one way to catch a thief. Easier to catch someone in a lie

Unions add to recession woes. Collective agreements set firms up to fail

What can GM be thinking? Firms need not give into union demands

Promise of job for life proves costly. Employer left open to wrongful dismissal claim

Bay Streeters’ big severances. Lack of job prospects drives huge payouts

Maternity leave has its pitfalls

Creative payroll cutting carries some risk. Lessons from recessions past

Be clear over changes to employment

Worker’s demands got him fired. Employer sets the terms of engagement

Going AWOL won’t be tolerated. Disability cannot be an excuse for non-compliance

Spy on employees without cause and pay the price

Political lobbying doesn’t help CUPE member interests

Recent judgments are sign of the times. Courts permit new latitude for employers

2008 Resources

Misconduct must be witnessed

‘Hands-on’ boss went too far

How to avoid costly misunderstandings about overtime

Time runs out for trade unions. Lawyers should be looking to reverse advantages

Courts give nod to just layoffs

Trust a must in outside sales roles

Managers have duty to remain loyal to employer

Surfing porn can still get you fired. In the workplace, it can be sexual harassment

Court finds Purolator’s delivery correct. Employee should have accepted new job offer

What separates good from bad. How to pick a lawyer who can win your case

Worker entitled to cooling-off period. Weigh intent before accepting resignations

Tribunals swing in favour of employer

Perils of unilateral pay cuts

In general, stick to non-solicit clause. Non-compete clause should be the exception

A duty to assist disabled. Termination for mental disorder ‘discriminatory’

The rise of class action suits. Policy should be clear on overtime and managers

Fair play could have saved the case. Criticism of boss rendered relationship irreconcilable

Are you really hiring a contract worker? The job, not the paperwork, is the key factor

Hands off the cookie jar, or pay

Employee must prove disability. Employers need to take a stand in court

Employers too often pay for stress. Firm but not unfair, court finds

Supreme court makes an impact. Honda within its right to listen to its own doctors

Shuffling manager could be seen as dismissal

Employers can resist poor work habits

Why not to let conflicts get out of hand

‘Family status’ joins list of rights

Carry out drug testing that will hold up in court. Policy aimed at safety, not to screen hires

Get it right before you pull the trigger

When does a lie warrant firing? Court finds daycare director was sloppy

Labour law’s biggest bloopers. Cases are lost when clients exaggerate

Union relations on shaky ground

Ex-CEO got to keep his head

Cussing Isn’t Ample Cause

Value of working at home debated

Take care in ending LTD. No simple rule for terminating very ill workers

Retired without cause

Don’t leave fired guessing

Boss’s word should not be given lightly

Clients cheated out of settlement

Firm added insult to injury

When a lie can lose you your job

Why warning should be sent. Don’t wait for employee to make first move

Some tips to help discern if you are to be sacked

Onus on worker to get counsel

Employ caution, care when firing

Signals You Are About to be Dismissed

2007 Resources

Family Day and other grievances. How employers can get out of a legal wrangle

Holiday party is work event. Choose venue carefully, limit alcohol

Two pay disputes, two findings. Be careful how you discuss future salary

Firm chooses when you go. Working notice is sometimes a win-win situation

Labour deal not certain. Who’s to say CAW will honour Magna contract?

Handle union disputes with care. Courts don’t hear cases involving union employees

Name calling went too far. Court finds employee showed no remorse

Retiring age-65 policy. No compulsory retirement in most provinces

Costs as varied as opponent

Worst sin is to not hunt for a new job

Bullies, beware: manners matter

Court’s definition of a contractor. Who Controls What Work Is Done And When Is Key

Matter of ‘just cause’ dismissed

Clearing up rights

‘Stress leave’ opens a can of worms

Lawyers may call themselves ‘experts’ without qualifying

Spell out requirements of severance payout

Beware of courts’ mounting arsenal

Saved by employee’s dishonesty

Ruling in favour of respect; Pendulum has swung to side of employee in the past 10 years

Chef ‘s beef led to his undoing

Stalking cost lawyer his job; Employers should prepare for failed romances

CIBC suit to set standard; Overtime is a given for most workers

Fixed-term reinstatement is a viable offer

What workers ought to know. Clearing up misconceptions of responsibility

Day labourers protected by law Employer is on hook for workers compensation

Shop racism not to be tolerated. Tribunal strikes down collusion defence

Blunder dismissal and pay the price

Courts thwart drug policies; Canadian firms’ hands tied in stopping drug use

Exceptions to signed contracts

Compete rules can differ for brokers

Even bullies have rights. Companies must document abuse, give warning

Contractual Notice or Severance Entitlement Provisions

Medical leave can thwart dismissal

Beware the BlackBerry addict

How bon voyage became goodbye. And why the court ruled in favour of the employee

It pays to heed whistle-blowers

Law leans toward workers. Awards escalate in Canada, just as U.S. cases decline

Terms of contract are binding: Courts loath to ignore clear agreements

Rules of dimissal to be kept

When Companies Merge

Nip abuse in the bud Managers must abide by human rights policies

Written or not, a contract exists

A boss by any other name

Defy company rules At Your Own Peril

2006 Resources

No insurance On Your Job. Serious illness Can Put Your Career At Risk

How to avoid a travesty of justice. Cover all your bases when dismissing an employee

Don’t leave lawyer to chance

Contracts can be changed

Ultimatum to mom backfires

Tips for boss to keep law onside. Some common human resource errors to avoid

Written Contract Best Dessert After Feasting On Big Plans

Always get it in writing

Keep assets in-house. If key relationships walk, the business quickly follows

Worker’s ultimatum out of line

Unions protect less. Private-sector employees have court recourse

No age limit on skills

Wrongful Dismissal and Limitation Period

Messy office affair costs job

Ounce of prevention stays court

Change is cause for notice

Wrongful hiring is costlier than firing

Union has little power in court. Well-prepared employer proves just-cause in firing

Incompetence must be pruned out

Humiliation isn’t in job contract. Reorganization of reporting structure was a demotion

HR audit fills lazy summer days

Dismissal and the prostitute. Employers should set clear guidelines for proper conduct

Honesty is best termination policy. Employer has responsibility to not cause hardship

A recipe for higher severance award

Privacy versus security

Surf with caution

Don’t mess with my pay. Commission, pay cannot be changed without notice

Firing is a whole new ball game, if she’s pregnant

Keeping quiet isn’t call for firing. Whistle-blowing on colleagues was not in contract

Overqualified shut out

Worker must tell his side of story

When sweetheart deal goes sour

Cure for ‘chronic’ case of illness

Recruitment under scrutiny. Inducement by peers is a far cry from headhunting

Fired, blacklisted without proof

Let go by design

Get fired up over being fired

Stop customers from going down the road: Putting the brakes on staff leaving with client lists

Office Lotharios on notice: Employees must be given clear policy on harassment

The rocky road to dismissal

Court: Firing bungled

Forging for a cause

Messenger sent a clear message. Court found courier violated contract and trust

Exclusion is form of dismissal ‘The perception was manager was being sidelined’

Be careful how you vent. What you say could cost you your job and severence pay

2005 Resources

Only a Grinch hands out pink slips

Honesty is always best company policy. Employees must disclose conflicting side business

Hotel union gets its dues. Court will not tolerate disrespect of labour law

Don’t rush resigning employee out the door

Keep control of party cheer. Ghosts of Christmases past haunt courtrooms

The resume fib exposed: Firm was right to fire IT wiz who lied about PhD

Employer gets dressing down. Arbitrator rules body piercings not unhealthy

Secrets to successful dismissal litigation

When not to expect severance

Get all the facts before you fire

Allegations trigger wrongful dismissal

Changing an employee’s status has consequences

Just cause is not the easiest thing to demonstrate

Employment contracts must follow labour policy to be enforceable

Resignation must be unequivocal

Unfair severance deal is non-binding

End of mandatory retirement shreds workplace fabric

Employee can be sued for wrongful resignation

Get proof ‘stressed’ employee isn’t just after paid vacation

Employee left hanging by sale

Employer pays heavily for misconduct

No prejudice in Canada, you say?

Hard to know what you’ll find when checking allegations

Harder after 1997 to fire an employee

Should I Sue My Employer

Spurned lover or workplace harasser?

Are You About to be Fired?

2004 Resources

Your Employment Contract

2013 Resources

A Discussion About a Home Depot Lawsuit

What you do at home can get you fired