March 28, 2017 by Jeff Mitchell in Employment Standards
  • Comments Off on Extension of Parental Benefits – What About the Leave?

Extension of Parental Benefits – What About the Leave?

The Federal government announced in the budget that it intends to “stretch” employment insurance (“EI”) parental leave benefits to up to 18 months at a lower benefit rate of 33% of average weekly earnings (find that announcement here, at page 65).  That raises the question:  what is the employer’s

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January 04, 2016 by Jeff Mitchell in Human Rights
  • Comments Off on Don’t Let a Human Rights Application Get “Lost in the Mail”

Don’t Let a Human Rights Application Get “Lost in the Mail”

Until recently, the Human Rights Tribunal of Ontario (the “Tribunal”) would deliver a Human Rights Application to whomever the Applicant listed as the Employer’s contact person.  That person, possibly the Applicant’s supervisor or manager, was...

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August 27, 2015 by Jeff Mitchell in Constructive Dismissal, Employment Standards
  • Comments Off on “You quit!” “No I Didn’t, I’m Sick!”

“You quit!” “No I Didn’t, I’m Sick!”

In Betts v. IBM Canada Ltd., the Court was faced with a dispute between Mr. Betts, who claimed he was legitimately absent from his employment due to illness, and his employer IBM, which claimed that Mr. Betts effectively resigned by not returning to wo...

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February 02, 2015 by Jeff Mitchell in Employment Standards, Labour, WSIB
  • Comments Off on On the Radar Screen: the Stronger Workplaces for a Stronger Economy Act, 2014

On the Radar Screen: the Stronger Workplaces for a Stronger Economy Act, 2014

As we reported in a previous blog post that can be found here, the Stronger Workplaces for a Stronger Economy Act, 2014 makes some significant changes to several Ontario statutes.  The legislation received Royal Assent on November 20, 2014 and a copy ...

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October 06, 2014 by Jeff Mitchell in Employment Standards, Wrongful Dismissal
  • Comments Off on School Board Taught a Costly Lesson: Court Upholds Reinstatement with 10 Years of Back Pay

School Board Taught a Costly Lesson: Court Upholds Reinstatement with 10 Years of Back Pay

Ms. Fair was employed by the Hamilton-Wentworth District School Board (the “Board”) from 1988 to 2004, when her employment was terminated.  During her employment, Ms. Fair had developed a psychiatric disorder, namely, generalized anxiety disorder....

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July 15, 2014 by Jeff Mitchell in Employment Standards, English, Ontario
  • Comments Off on Yet Another Reminder on the Importance of Careful Drafting of Termination Clauses…

Yet Another Reminder on the Importance of Careful Drafting of Termination Clauses…

As if employers needed one, we now have yet another decision invalidating a termination provision for failure to comply with the Employment Standards Act, 2000 (the “ESA”): Miller v. A.B.M. Canada Inc., 2014 ONSC 4062 (CanLII). Mr. Mille...

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April 08, 2014 by Jeff Mitchell in Employment Standards, English, Ontario
  • Comments Off on Beware the Unpaid Intern – He/She May be Eligible for Pay

Beware the Unpaid Intern – He/She May be Eligible for Pay

The issue of unpaid internships is becoming a growing concern for both employers and Ministry of Labour Inspectors. Recently, the publisher of magazines Toronto Life and The Walrus announced that they were pulling the plug on their unpaid internships f...

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March 31, 2014 by Jeff Mitchell in Employment Standards, English, National
  • Comments Off on (Not) April Fools Day – Changes to the Canada Labour Code effective April 1, 2014

(Not) April Fools Day – Changes to the Canada Labour Code effective April 1, 2014

For those federally regulated employers that are governed by the Canada Labour Code (the “Federal Code”), there are some substantive changes coming of which you should take note. The Jobs and Growth Act, 2012 made certain amendments to the Federal ...

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January 28, 2014 by Jeff Mitchell in Criminal Offences by Employees, English, Human Rights, Ontario
  • Comments Off on Don’t be “Convicted” of Discriminating based on Criminal Convictions

Don’t be “Convicted” of Discriminating based on Criminal Convictions

Picture it: you have the perfect person to hire. You run the background check, and discover a criminal conviction. You are inclined to withdraw the offer, but suddenly you are faced with the question: can I do it? The answer will depend on which provin...

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