Employment/Labour

Understanding managers’ and supervisors’ right to overtime

/ Employment/Labour /
Ellen Low
Ellen Low
Principal at Ellen Low & Co.
(416) 915-3111
info@torontohrlaw.com
Ellen Low
Latest posts by Ellen Low (see all)

By Tony Poland, LegalMatters Staff • Managers and supervisors are typically not entitled to overtime pay under the Employment Standards Act, 2000 (ESA) “if the work they do is managerial or supervisory,” but there is more to the analysis than people realize, ​​says Toronto employment lawyer Ellen Low. “Just because somebody says you are a manager doesn’t necessarily mean that […]

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Employers have a duty to thoroughly investigate disability claims

/ Employment/Labour /
Jeffrey M. Andrew
Jeffrey M. Andrew
Partner at Cavalluzzo LLP
(416) 964-5895
jandrew@cavalluzzo.com
Jeffrey M. Andrew
Latest posts by Jeffrey M. Andrew (see all)

By Tony Poland, LegalMatters Staff • A recent arbitration decision ordering a trucking company to reinstate a worker who was fired following a drunk driving accident is a reminder of the importance of due diligence, says Toronto employment lawyer Jeffrey M. Andrew. According to CBC News, a driver was arrested with a blood-alcohol level of 0.18 –

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What happens when you get a work promotion you don’t want?

/ Employment/Labour /
Ellen Low
Ellen Low
Principal at Ellen Low & Co.
(416) 915-3111
info@torontohrlaw.com
Ellen Low
Latest posts by Ellen Low (see all)

By Tony Poland, LegalMatters Staff • A workplace promotion is typically seen as a sign of success, often providing more pay, increased authority and the acknowledgment of a job well done. But what happens if you are promoted up the chain and find the job is not for you? What if you don’t even want

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Unionized workers are fighting back in tough economic times

/ Employment/Labour /
Jeffrey M. Andrew
Jeffrey M. Andrew
Partner at Cavalluzzo LLP
(416) 964-5895
jandrew@cavalluzzo.com
Jeffrey M. Andrew
Latest posts by Jeffrey M. Andrew (see all)

By Tony Poland, LegalMatters Staff • Economic uncertainty and inflationary pressures appear to be leading more unionized employees to flex their bargaining muscles to push back against their employers, says Toronto employment lawyer Jeffrey M. Andrew. Andrew, a partner with Cavalluzzo LLP, says while the hours of work lost to strikes do not approach levels seen in

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Technology advances bring new workplace challenges

/ Employment/Labour /
Ellen Low
Ellen Low
Principal at Ellen Low & Co.
(416) 915-3111
info@torontohrlaw.com
Ellen Low
Latest posts by Ellen Low (see all)

By Tony Poland, LegalMatters Staff • As technological advances continue to reshape the workplace, employers and employees need to be careful to protect their rights and ensure they are accountable while meeting their obligations, says Toronto employment lawyer Ellen Low. With innovations such as artificial intelligence (AI) progressing exponentially in recent years, she says workers and

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AI can be a helpful tool for the legal profession if used responsibly

/ Employment/Labour /
Ellen Low
Ellen Low
Principal at Ellen Low & Co.
(416) 915-3111
info@torontohrlaw.com
Ellen Low
Latest posts by Ellen Low (see all)

By Tony Poland, LegalMatters Staff • The launch of ChatGPT last November presents new possibilities to the legal profession, but also raises serious concerns for lawyers who fail to exercise due diligence when incorporating artificial intelligence (AI) into their practices, says Toronto employment lawyer Ellen Low. ChatGPT is a tool that allows users to have humanlike conversations with

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No right to lay off employees without compensation, court affirms

/ Employment/Labour /
Stephen J. Moreau
Stephen J. Moreau
Partner at Cavalluzzo LLP
(416) 964-5541
smoreau@cavalluzzo.com
Stephen J. Moreau
Latest posts by Stephen J. Moreau (see all)

Employers and employees were given important guidance by the Ontario Court of Appeal on when an employer can “lay off” an employee without compensation. The decision of  Pham v. Qualified Metal Fabricators Ltd. is a welcome addition to the law of wrongful dismissal, particularly after the Ontario Court of Appeal refused to provide guidance in a

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Don’t take a chance with outdated employment contracts

/ Employment/Labour /
Alex Minkin
Alex Minkin
Associate at Rudner Law
(647) 670-1804
alex@rudnerlaw.ca
Alex Minkin
Latest posts by Alex Minkin (see all)

By Tony Poland, LegalMatters Staff • Failing to review and update employment agreements to meet changing circumstances can be an expensive mistake as one employer recently discovered, says Ontario employment lawyer Alex Minkin. Minkin, an associate with Rudner Law, cites Celestini v. Shoplogix Inc., an Ontario Court of Appeal (ONCA) decision that found the “changed

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Failing to review employment contracts can be costly

/ Employment/Labour /
Jeffrey M. Andrew
Jeffrey M. Andrew
Partner at Cavalluzzo LLP
(416) 964-5895
jandrew@cavalluzzo.com
Jeffrey M. Andrew
Latest posts by Jeffrey M. Andrew (see all)

By Tony Poland, LegalMatters Staff • It is clear that employers often fail to review their employment agreements after yet another court ruling found a termination clause to be unenforceable, says Toronto employment lawyer Jeffrey M. Andrew. Andrew, a partner with Cavalluzzo LLP, says in Tan v. Stostac Inc. the employer’s failure to correctly interpret and apply provisions of the Employment Standards Act, 2000 (ESA)

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Another judicial reminder to draft proper termination clauses

/ Employment/Labour /
Stephen J. Moreau
Stephen J. Moreau
Partner at Cavalluzzo LLP
(416) 964-5541
smoreau@cavalluzzo.com
Stephen J. Moreau
Latest posts by Stephen J. Moreau (see all)

A recent Superior Court of Justice decision serves as a reminder that termination clauses that are not consistent the Employment Standards Act 2000 (ESA) will be found to be unenforceable by the court. When that happens, the clause effectively disappears. An employer that terminates an employee’s employment without a clause must provide prior reasonable notice

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