Employment standards legislation, such as Ontario’s Employment Standards Act, 2000 (the “ESA“), is designed to set minimum standards which cannot be opted out of, even if the employee agrees. One standard addressed in all employment standards legislation relates to the maximum hours that an employee can be required to work on a daily and weekly
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Advice for Canadian employers amidst Trump’s tariff threats
Hi there. So it’s March 6th and it sounds like we may have a little bit of a reprieve as just today, Governor Trump has announced that he is pausing some of the tariffs that he intended to impose on Canadian goods. So I want to post this message now because we’re talking to a…
Court Decision Changes Impact of Setting Action Down For Trial
When starting a new lawsuit, a common question we receive from clients is “how long before we get to trial?” The litigation process can take years, although the good news is that the vast majority of cases settle long before trial.
But how long will it take if no settlement can be reached?
In most…
Further Update on Termination Clauses: Baker v. Van Dolder’s Home Team Inc.
Even More Reason to Think That Your Contract is Unenforceable
As anyone who has been following our blog will know, over the last few years we have seen a pattern in Ontario of courts highly scrutinizing termination clauses. The courts have repeatedly sent the message that employers are expected to draft clauses right the…
How to Lose [an Employee] in 10 Days
Being single in the shadow of Valentine’s Day is never easy, but watching a classic rom-com is a good way to alleviate the fake-holiday blues. Which is why I recently watched the hit movie “How to Lose a Guy in 10 Days”, where Kate Hudson’s Andie tries to make Matthew McConaughey’s Ben break up with…
Can They SLAPP? How?
So, your employment has come to an end. However, you believe that your former employer owes you money. There are several options for collecting. You can bring a claim under the Employment Standards Act, 2000 or you can sue in civil court. Or, what if, instead of focusing on the legal route, you threaten to…
Employers Beware: The More You Know, The More You Risk
You have heard people say “less is more” – probably more times than you’d like. I’m sorry to have to do this to you again, but it really is true!
Remember the episode of The Office where Michael Scott hands over the responsibility of cutting down the benefits plan to Dwight Schrute?
Dwight figures out…
2024 Employment Law in Review, Part 2: The Eras Tour (Rudner Law Version)
Welcome back to our 2024 Year in Review. Part 1 of our Tour covered developments with respect to:
- termination clauses,
- wrongful dismissals, and
- human rights.
Part 2 covers consideration in:
- contracts,
- mitigation,
- just cause,
- the impact of AI in the workplace, and
- key legislative updates.
Our Tour’s hits confirm what we always say: the employment…
2024 Employment Law in Review, Part 1: The Eras Tour (The Rudner Law Version)
Canada closed out 2024 by hosting the last shows of the Eras Tour, Taylor Swift’s record-breaking show. But what does Swift and the Eras Tour have to do with employment law? If you’ve read our blog, you already know that there is a thematic overlap. Swift’s music resonates with people for how it gets…
No Formula for Common Law Entitlements
There is a fairly widespread myth that dismissed employees are entitled to one month of notice per each year of service. However, there is no formula for calculating common law entitlements, and the length of reasonable notice that an employee is entitled to depends on many different factors, not just the length of service. In…