By Tony Poland, LegalMatters Staff • The duty to mitigate is not always an easy rule to interpret and both employees and employers would be wise to guard against making assumptions that could be costly in the long run, says Toronto employment lawyer Ellen Low. Low, principal of Ellen Low & Co., explains the duty to mitigate is […]
It pays to seek advice when it comes to the duty of mitigation Read More »
By Tony Poland, LegalMatters Staff • An Ontario Superior Court of Justice ruling in a wrongful dismissal case has a great deal to unpack but what makes it particularly interesting is the use of the rare “specific performance” remedy, says Toronto employment lawyer Ellen Low. Low, principal of Ellen Low & Co., says the ruling in Ruel v.
Air Canada ruling raises interesting ‘specific performance’ question Read More »
By Tony Poland, LegalMatters Staff • A recent appeal court ruling in a protracted class-action lawsuit on overtime and record-keeping practices should prompt employers to reassess their workplace policies, says Toronto employment lawyer Ellen Low. In February, the Ontario Court of Appeal (OCA) upheld a lower court ruling that the Canadian Imperial Bank of Commerce (CIBC)
Employers should pay heed to court ruling on overtime Read More »
By Tony Poland, LegalMatters Staff • Employers will have another reason to update their policies after the Ontario government proposed legislation requiring the disclosure of workplace electronic monitoring, says Toronto employment lawyer Ellen Low. Low, principal of Ellen Low & Co., says the plan comes on the heels of the Working for Workers Act, 2021,
Ontario proposes rules for employers who watch workers Read More »
By Tony Poland, LegalMatters Canada • With the legislative change to non-compete clauses brought about by the Working for Workers Act, 2021, employers should be reviewing employment agreements to ensure they are in compliance, says Toronto employment lawyer Ellen Low. “I have been seeing a huge uptick on new contract reviews since the second half of January.
New year, new law. Now is the time for contract reviews Read More »
By Tony Poland, LegalMatters Staff • The Omicron surge has left many employers and workers with even more doubt and uncertainty when it comes to their rights and responsibilities, says Toronto employment lawyer Ellen Low. Low, principal of Ellen Low & Co., says the employment world was looking to return to some sense of normality last year
Latest COVID variant leaves employment uncertainty in its wake Read More »
The pandemic continued to play a role in the employment world in 2021 as Toronto employment lawyer Ellen Low, principal of Ellen Low & Co, tackled a number of evolving issues. In January, Low told LegalMattersCanada.ca that ending an employment relationship before it begins can come at a cost, which is why it is wise
COVID-19 played a prominent role in the employment world in 2021 Read More »
By Tony Poland, LegalMatters Staff • Employers who fail to realize the importance of transgender identity not only do their employees a disservice but could find themselves answering to the Human Rights Tribunal of Ontario, says Toronto employment lawyer Ellen Low. Low, principal of Ellen Low & Co., says gender expression has been a protected ground of
Preferred use of pronouns protected by human rights legislation Read More »
By Tony Poland, LegalMatters Staff • Legislation proposed by the Ontario government offers some “employee-friendly” provisions but more details are necessary to determine if it can deliver on its promises or if it is simply window dressing, says Toronto employment lawyer Ellen Low. The government says if passed, the Working for Workers Act, 2021, which includes the
Right to disconnect, non-compete clause highlighted in planned legislation Read More »
By Tony Poland, LegalMatters Staff • An Ontario Superior Court decision last month that upheld termination provisions in an employee’s contract that were claimed to be in violation of minimum labour standards demonstrates the need to review such agreements to keep up with the times, says Toronto employment lawyer Ellen Low. In a “somewhat unusual” case, the court found against Farah
Equal bargaining power at heart of termination clause judgment Read More »
