In the recent decision of Morison v Ergo-Industrial Seating Systems Inc. the Ontario Superior Court of Justice made an award of $50,000.00 in punitive damages against the defendant employer. This decision is an important reminder to all Ontario employers of the type of conduct which may attract punitive damages.
With the internet playing an ever larger role in our lives (and our work), it is no surprise that there has been a corresponding increase in online employee misconduct. In this realm, one of the most frustrating situations for employers relates to anonymous postings that offend company policy. These occur in a variety of ways: from nameless comments on online message boards disparaging the workplace to videos uploaded to sites like YouTube as a form of workplace or co-worker harassment.
A Performance Improvement Plan (or “PIP” for short) is a non-disciplinary tool that some Ontario employers use when they have identified concerns with an employee’s performance. A PIP can be a legitimate means by which to help a struggling worker identify weaknesses in the performance of their duties and return to success.
In our article last month, we discussed the growing attention being paid to the issue of unpaid internships in Ontario. Since then the Ontario Ministry of Labour has released the results of a second workplace blitz designed to assess whether employers in the province are in compliance with the requirements of the Employment Standards Act, 2000 ("ESA").
The first heavily publicized blitz on unpaid internships was carried out in the summer of 2014. At that time, the Ministry investigated 56 different employers. Of those, 13 were found to be improperly using unpaid internships. It was found that the individuals in question were employees and entitled that the normal protections that workers receive. In total, the Ministry ordered that $48,000 was owed in unpaid wages, vacation pay and/or public holiday pay.
The use of unpaid internships by some employers has become increasingly common over the past decade. Unlike employees, interns do not receive the same legal protections, nor do they receive a salary, vacation pay or overtime pay. An intern's only compensation is opportunity and experience.
The use of unpaid interns has come under increased media and political scrutiny. Fuelled by horror stories of young interns collapsing under extreme workplace pressures, the issue reached the political agenda. In the summer of 2014, the Ontario Ministry of Labour carried out a highly publicized workplace inspection blitz to determine if intern rights were being respected.
In the course of practice, we have repeatedly seen employers make two fundamental mistakes when it comes to provision of commission pay: 1) not properly providing for vacation pay in the calculation of commission payments; and 2) failing to ensure commission payments comply with minimum wage requirements. While employer errors of this kind may be innocent or unintentional, significant financial liability can accrue as a result.
Regardless of what you call it - 'losing your job', 'being laid off' or 'being fired', having your employment terminated is a stressful and upsetting event.
If it does happen, however, you need to put a plan in place. The following 10 tips will help you navigate and take control of this difficult situation.
Most employees in Ontario benefit from an interconnected web of laws and court rulings. It is important to be informed of these rights, so that you may protect yourself and ensure fair treatment.
It is equally important for small businesses to understand the obligations imposed by Ontario's employment laws in order to efficiently structure their operations, ensure legal compliance and limit the potential for costly litigation. With those thoughts in mind, and an acknowledgment that a plethora of employment rights and obligations exist in Ontario, here is our top ten list that every employee and small business should know.
