Employment Rights for Federally-Regulated Employees

Employment Rights for Federally-Regulated Employees

The authority to make laws in Canada is split between the federal and provincial governments. Generally speaking, the employment relationship of most Ontario workers is subject to provincial laws such as the Employment Standards Act. A limited number of Ontario employees, however, work in industries over which the federal government has jurisdiction, and consequently sets the law. The federal equivalent of the Employment Standards Act is the Canada Labour Code. Federal jurisdiction applies to many Ontario workers employed in the following industries:

 

    Managing toxic employees: human and financial workplace costs

    Managing toxic employees: human and financial workplace costs

    A workplace is a team environment. It functions best when the atmosphere is positive. One of the biggest concerns for employers, in Ontario and elsewhere, is how to address and manage the presence of a “toxic employee” in the workplace.

    Paul Willetts Quoted in Canadian HR Reporter

    Paul Willetts Quoted in Canadian HR Reporter

    Vey Willetts lawyer Paul Willetts was quoted in the November 28, 2016 edition of Canadian HR Reporter in an article entitled "Older Employees Deserve More". The article discusses the recent Ontario Superior Court decision of Ozorio v. Canadian Hearing Society. In this case, a 60-year old senior managerial employee, with 30 years service was dismissed. Ms. Ozorio was ultimately awarded 24 months of reasonable notice. To read our recent review of the case and its implications for older workers please click here.

    Ontario Court Orders Employer to Pay $50,000 in Punitive Damages

    Ontario Court Orders Employer to Pay $50,000 in Punitive Damages

    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.

    Employee Misconduct and Online Anonymity

    Employee Misconduct and Online Anonymity

    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.

    Fixed Term Employment Agreements and Employee Severance

    Fixed Term Employment Agreements and Employee Severance

    Fixed term employment contracts can serve a useful purpose within an organization. They permit employers to limit the engagement of an employee to a set project or a fixed period of time. In circumstances where there is a significant fluctuation in annual work volume or where temporary staff are required to offset absences (such as due to illness or a parental leave) fixed term contracts may be ideal.

    Wrongful resignation: Revisiting the employee obligation to provide reasonable notice

    Wrongful resignation: Revisiting the employee obligation to provide reasonable notice

    In our First Reference blog of February 19, 2015, we discussed an interesting decision out of the British Columbia Superior Court of Justice: Consbec Inc. v. Walker.

    The facts (in brief) related to a claim from a family-owned company for a variety of damages related to an employee’s hasty resignation. Among these was the allegation that the Defendant ex-employee failed to provide reasonable notice of resignation (he in fact provided none) and this caused the company to incur damages related to arranging for a replacement.