Labour & Employment Law

All aspects of the employer-employee relationship (other than pensions and employee benefits) including questions relating to terminations, wrongful dismissal, employment standards, arbitration, collective bargaining, and human rights issues such as discrimination and the duty to accommodate

Court rules employers must include electronic tips under pensionable earnings

By Julius Melnitzer | September 21, 2022 The Federal Court of Appeal has ruled that a Halifax restaurant must include a portion of the electronic gratuities intended for wait staff as “pensionable salary and wages” when calculating its liabilities under the Canada Pension Plan. The Federal Court of Appeal has ruled that a Halifax restaurant […]

Fast-changing law means employers should review their employment contracts now

Bennett Jones’ Talia Bregman says termination clauses are especially ripe for review By Julius Melnitzer | September 8, 2022 It’s time for Ontario employers to review their employment contracts comprehensively – and the sooner, the better. “If an employment contract, particularly one based on a standard form, has not been updated in the last six […]

Employee placed on unpaid leave over mask refusal not entitled to reasonable notice: Alberta court

By Julius Melnitzer | August 30, 2022 An Alberta court has ruled that a Calgary grocery store worker placed on indefinite unpaid leave — for failure to comply with a mandatory mask policy — has resigned as opposed to being constructively dismissed and isn’t entitled to reasonable notice or compensation in lieu thereof. “This decision […]

Employers can expect surge of claims linked to long-haul coronavirus, remote work injuries: lawyers

By Julius Melnitzer | June 16, 2022 As the pandemic winds down, employers can expect to see an increase in disability claims related to long-haul coronavirus infections and compensation claims resulting from injuries incurred while working remotely, says Joshua Goldberg, a Toronto-based personal injury lawyer. The most common long-haul coronavirus symptoms are fatigue, shortness of […]

BARE BONES BRIEFS: LSO accredits mindfulness meditation training for lawyers; New CEO at Arbitration Place; Calling a man “a bald c***” is sexual harassment; Bennett Jones provides scholarships for Indigenous, Black and first-generation law students; Top 5 law firm bulletins

By Julius Melnitzer | June 6, 2022 LSO ACCREDITS MINDFULNESS MEDITATION COURSE In a nod to the growing recognition of well-being’s importance to the profession, The Law Society of Ontario has accredited a mindfulness training course, Toronto Method Mindfulness, developed and led by Ari Kaplan of Kaplan Law. Kaplan, one of Canada’s leading pension law […]

Legal decisions on mandatory coronavirus vaccination policies favouring employers

By Julius Melnitzer | April 12, 2022 As arbitral decisions relating to the reasonableness of mandatory coronavirus vaccination policies emerge, employers have clearly gained the upper hand. “The overall box score shows that, for the most part, arbitrators have upheld mandatory vaccination policies as reasonable,” said George Vassos, a labour and employment partner at Littler […]

Ontario court refuses appeal over workers’ right to sue for wrongful dismissal in cases of chronic stress

By Julius Melnitzer | February 22, 2022 The Ontario Court of Appeal has refused to consider an appeal from an Ontario Divisional Court judgement that affirmed employees’ right to sue for wrongful and constructive dismissal in the civil courts in cases of chronic mental stress arising from workplace harassment. “The case makes it very difficult for […]

Labour-hungry manufacturing sector has a message for young people: think sci-fi, not smokestacks

By Julius Melnitzer | February 18, 2022 NGen has launched an initiative to educate young Canadians on the sector and showcase the wealth of opportunities available “Out-of-date” is rarely associated with the young — except, it turns out, when they’re thinking about the manufacturing sector. Research by Next Generation Manufacturing Canada (NGen), the advanced manufacturing […]

Energy workers switch to other professions in droves as work dries up in once booming sector

Beset by layoffs, Canada’s energy and mining workers have been bucking tradition and seeking opportunities in other sectors — quite successfully, by all accounts. “The cyclical changes in the resource sector are giving way to structural changes,” said Jeanette Sutherland, director of the multi-stakeholder Energy to Digital Growth Education and Upskilling Project (EDGE UP) at […]

Share transfers to executives, employees are income not capital gains: appeal court

By Julius Melnitzer | December 23, 2021 A Federal Court of Appeal ruling will make it very difficult for executives and employees to treat share transfers from their companies as capital gains rather than income. The decision involved Kitchener, Ont.-based D2L Corp., whose intention was to distribute appreciated shares of the company, held in a […]

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