Employment/Labour

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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Appellate court ruling a reminder to check employment contracts

By Tony Poland, LegalMatters Staff • The terms of the employment contract signed years ago may no longer be valid if an employee’s duties have changed substantially, says Toronto employment lawyer Jeffrey M. Andrew. Andrew, a partner with Cavalluzzo LLP, points to Celestini v. Shoplogix Inc., an Ontario Court of Appeal (ONCA) judgment that examined the “changed substratum,” or underlying

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Denying an employee their basic ESA rights can be costly

By Tony Poland, LegalMatters Staff • Employers who fail to follow the letter of the law ­when terminating a worker could find themselves paying hefty moral damage awards, says Toronto employment lawyer Ellen Low. Denying an employee their basic statutory rights under the Employment Standards Act, 2000 (ESA), even inadvertently, can be costly, says Low, principal of Ellen Low &

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ESA rights cannot be used as bargaining chips

A recent Ontario Superior Court of Justice decision reminds employers that they cannot mess around with minimum statutory rights when terminating someone’s position. In Teljeur v. Aurora Hotel Group, 56-year-old John Teljeur was dismissed without cause after more than three years in a senior management role. Unknown to his employer, he surreptitiously recorded the discussion when

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Employment contracts must be ‘tailored’ to the workplace

By Tony Poland, LegalMatters Staff • There is no “one-size-fits-all approach” to drafting employment agreements, which is why employers should seek legal advice to ensure they are complying with the law while protecting their interests, says Ontario employment lawyer Nadia Zaman. “You need a contract that is customized to not only the employee’s role and

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Employers need to pay heed to court of appeal decision

By Tony Poland, LegalMatters Staff • A recent court of appeal ruling should give employers the impetus to review the employment contracts of long-standing staff, says Toronto employment lawyer Ellen Low. In Celestini v. Shoplogix Inc., the Ontario Court of Appeal (ONCA) found that an employee was not bound by the terms of the termination clause in his

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Know the details of your employment contract before signing

By Tony Poland, LegalMatters Staff • In the excitement of accepting a new job offer it is important not to gloss over the details contained in an employment contract, says Toronto employment lawyer Jeffrey M. Andrew. “When you land a job, it is the honeymoon stage of the employment relationship,” says Andrew, a partner with Cavalluzzo LLP.

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Employment contracts offer a safety net in challenging times

By Tony Poland, LegalMatters Staff • In an ever-evolving workplace environment, giving short shrift to employment contracts is like walking a tightrope without a safety net, says Ontario employment lawyer Nadia Zaman. Zaman, an associate with Rudner Law, says running a business in recent years can be overwhelming, especially in light of challenges brought on

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Honesty is the best policy during a job interview

By Tony Poland, LegalMatters Staff • It is not unusual to exaggerate on a résumé or in a job interview but withholding information, even if you believe it may be inconsequential, can be costly, says Toronto employment lawyer Ellen Low.    “There is a general understanding that some people will embellish their résumé. Of course, outright

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