Dependent contractors are a common, but rarely acknowledged worker of the business world. Whether working as a door-to-door salesman or via a numbered company, these workers always have two things in common: most of their income is derived from one contract and the nature of their business arrangements is precarious. For many small and medium-size […]
Can your employer terminate you without cause? The short answer is yes, employers in Ontario have the right to terminate an employee on a “without cause” basis. However, there are limits: an employer cannot terminate an employee as retaliation or for discriminatory reasons per the Ontario Human Rights Code. If this happens, the termination is […]
While the jury is still out on whether or not the COVID-19 crisis is over, one thing is certain – people are working again. Unemployment is finally dipping below pre-pandemic levels, and with new jobs come new contracts. A lot of people’s eyes gloss over when it comes to contracts, but they’re the most important […]
With COVID-19 cases on the rise, employees across the country are wondering if their jobs could, once again, be at risk. Given how uncertain the situation is right now, employers may opt to “Infectious Disease Emergency Lay-off” (“IDEL”) employees and recall them once restrictions loosen in the future. Prior to the pandemic, a temporary layoff […]
As the years go by, the reality and expectation to accommodate work over personal life has become more normal. In the case of Hilton v. Norampac Inc (2003), represented by the Principal of Lecker & Associates Bram Lecker, the court reviewed facts regarding child care commitments that interfered with employment. Michael Hilton, the plaintiff, worked […]
Dependent contractors/agents are common in the business world. As a group, Dependent Commissioned Agents (DCAs) make their income in commissions generated from the sales of a commercial enterprise’s products or services. Whether engaged as door-to-door salespeople or as owners of incorporated sales agencies, DCAs have two things in common: economic dependency and minimum security in […]
The pandemic has led to massive lay-offs, economic instability and workers fearful for their financial future. Changes in laws, mandates and workplace policies can add to the confusion and anxiety many are facing on the job. With mandatory vaccine policies being rolled out in workplaces across the country, lawyers are being inundated with questions about […]
The Ontario government will introduce proposed legislation on October 25, 2021, that would ban the practice of imposing non-competition clauses on employees, a growing trend that is often used to intimidate workers. The proposed changes, which would amend the Employment Standards Act, 2000, would still allow companies to forbid departing employees from using intellectual property […]
A Primer on IDEL Legislation. Wrongful Dismissal or Layoffs In response to the health and economic effects of the COVID-19 Pandemic, the Ontario government introduced Infectious Disease Emergency Leave (“IDEL”) legislation on June 1, 2020. It allowed employees, who were affected by COVID-19 illness, to pursue a protected leave of absence while tending to their […]
We are now seeing more employees refusing to comply with workplace vaccination policies. As a result, some are either being terminated or placed on unpaid leave. Some employment lawyers have publicly stated their beliefs and opinions that failing to comply with a mandatory vaccination policy is grounds for dismissal with just cause. However, it is […]