Employment/Labour

Technology advances bring new workplace challenges

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

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

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Don’t take a chance with outdated employment contracts

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

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

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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Failing to use preferred pronouns in the workplace is discriminatory

By Tony Poland, LegalMatters Staff • The importance of the proper use of personal pronouns in the workplace cannot be understated and employers who ignore workers’ human rights do so at their own peril, says Toronto employment lawyer Ellen Low. Gender identity and expression were added as grounds of discrimination under Ontario’s Human Rights Code (HRC) in 2012,

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Does your employer have the right to lay you off? It depends

By Tony Poland, LegalMatters Staff • A properly drafted and implemented employment contract can help avoid uncertainty but when an employer makes an unexpected change in the working relationship, the average worker may not understand their rights and obligations, says Toronto employment lawyer Jeffrey M. Andrew.  Andrew, a partner with Cavalluzzo LLP, says the employer’s view of

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Fixed-term employment contracts have a time and a place

By Tony Poland, LegalMatters Staff • A fixed-term employment agreement serves an important contractual role in the workplace but companies should be careful how they use them, says Toronto-area employment lawyer and mediator Stuart Rudner. “There is actually some confusion among employers when it comes to these contracts,” says Rudner, founder and principal at Rudner

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Have you been ordered back to the office? Know your rights

By Tony Poland, LegalMatters Staff • With companies increasingly ordering remote and hybrid workers back to the office, employers and employees would be wise to review their rights and obligations, says Toronto employment lawyer Ellen Low. “Recall to the office has become a hot-button issue,” she tells LegalMattersCanada.ca. “More and more people working in a hybrid or

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