Arbitration Clause Illegal & Unconscionable: Uber Drivers Taken for a Ride

Arbitration Clause Illegal & Unconscionable: Uber Drivers Taken for a Ride

On January 2, the Court of Appeal for Ontario released its first decision of 2019: Heller v. Uber Technologies Inc. et al. While the new year is just getting started, this decision is likely to be one of the most significant from an employment law perspective. Its implications are far-reaching and raise novel compliance challenges for Ontario employers that contract to resolve workplace disputes by way of private arbitration.

Wrongful dismissal in Ontario: how do we calculate the value of lost benefits?

Wrongful dismissal in Ontario: how do we calculate the value of lost benefits?

When an employee is fired and not given sufficient notice, a common point of dispute becomes how to properly calculate the lost value of non-monetary benefits. Wages, by contrast, are a relatively simple affair. If a court orders the employee ought to have received an additional three (3) months’ notice, the parties need only calculate the value of three months’ wages and any resulting interest for the delay in payment.

Hold the Applause: Clapping Banned to Reduce Individual Anxiety

Hold the Applause: Clapping Banned to Reduce Individual Anxiety

Manchester may be best known for its premiership football teams and spawning the likes of Oasis and The Smiths, however, the City was in the headlines last month for something quite different: its Student Union (“MUSU”) voted to replace clapping at all of its events with “jazz hands” (i.e. the practice of waving open hands in the air).

Sweet Revenge: Business Ordered to Pay Children Minimum Wage for Selling Chocolates

Sweet Revenge: Business Ordered to Pay Children Minimum Wage for Selling Chocolates

This week on Twitter, our firm has been examining the minimum wage from a variety of perspectives. Using the hashtag #minimumwageweek, we shared content ranging from videos of famed economists such as Milton Friedman to historical articles on the original debate when Ontario’s minimum wage was first introduced in 1963.

Hit Rewind: Ford Government Reverses Bill 148 Changes to Ontario Employment Laws

Hit Rewind: Ford Government Reverses Bill 148 Changes to Ontario Employment Laws

On October 23, 2018 the Ford government presented Bill 47, the Making Ontario Open for Business Act. Bill 47 is set to repeal a large portion of Bill 148, the Fair Workplaces, Better Jobs Act, which was passed into law by the previous provincial government just 11 months ago.

Paying the price: Ontario court reminds employers to carefully consider their approach to litigation

Paying the price: Ontario court reminds employers to carefully consider their approach to litigation

Wrongful dismissal disputes are fairly common. In our experience they often resolve through negotiation and infrequently progress far into the litigation process. That said, sometimes cases of this nature do reach the court room and the parties usually fight over the quantum of severance sought, the type of payments claimed (i.e. bonus/commissions) and whether the former employee made reasonable efforts to find re-employment.

Rights and Responsibilities of Ontario Restaurant Owners and Employees

Rights and Responsibilities of Ontario Restaurant Owners and Employees

According to Restaurants Canada, the Canadian food service industry employs over 1.2 million people. With so many people involved in this industry, whether as franchise owners, professional chefs or part-time servers, it is important to be aware of the workplace rights and obligations that apply. The food services industry is in many ways unique, facing safety and cost challenges that many other sectors do not. With that in mind, we set out to provide an overview of some key employment rights and obligations:

Ontario Court Creates New Protection for Complainants of Workplace Sexual Harassment

Ontario Court Creates New Protection for Complainants of Workplace Sexual Harassment

Making a complaint of workplace sexual harassment can be daunting. If the actual harassment itself is not bad enough, employees often fear job-based retaliation for speaking out, or that making matters public might undermine their professional reputation.