Contract enforceability: Signing the employment contract prior to the start date
When an employee is terminated without cause and offered a package that is very modest, but otherwise compliant with the employment contract, a common first step for his or her lawyer will be to see if the contract can be set aside. If the contract can be declared void, the employee can try to pursue the typically much greater common law damages. There are several grounds upon which courts have set aside either the full contract or at the least, the termination provision. This blog post will focus on the issue of signing the contract prior to the start date.
SpringLaw
4 minutes read
March 16, 2017 
Unionized workers hiring their own lawyers: 3 issues
I often receive requests for consultations from unionized workers dissatisfied with their employer, their union or both. Frequently, this dissatisfaction arises out of the worker having a grievance with the company, but he or she feels that they are not receiving proper representation from their union. Before going ahead and hiring a lawyer outside of their union for advocacy, there are 3 challenges that people in this position should know.
Occasional Contributors
Probationary periods in Canada: Are they legal?
Probationary periods in employment… for something seeming so simple, they still cause a lot of confusion, and employees and employers alike are frequently mistaken about the legality of probationary periods and how they apply to the non-unionized worker. Employees who are terminated during probationary periods often accept their lot without ever receiving legal advice, while employers often terminate ‘probationary’ employees without providing any compensation, only to be surprised by a demand letter or civil action claiming wrongful dismissal. So where do these challenges come from? And how can they be remedied?
Occasional Contributors
Family status accommodation: How to respond to requests
Because of changes in demographics and other reasons, employees are increasingly asking for changed work schedules or time off work to care for children and elderly parents (i.e. family status accommodation). Depending on the size of the business and the employee’s duties these requests can create real problems. As a result, employers often ask whether a request for changed hours or time off work must be accommodated. The legal landscape has been shifting in this area for a number of years. This blog discusses the applicable legislation and some recent case law.
Doug MacLeod, MacLeod Law Firm
Closing your business for the holidays
The holidays are quickly approaching. However, leading to that point of unwinding can be stressful for many business owners, with the balancing of family demands and workplace year–end pressures. Regardless of such amounting pressures, businesses should not neglect their responsibilities to employees and clients before closing for the holidays.
Cristina Lavecchia
Workplace investigations that are required or recommended
Until the last few years formal workplace investigations were relatively uncommon. Recent changes to the law however have totally changed the legal landscape relating to workplace investigations. To reduce legal exposure and save costs, I believe most employers should ensure that at least one employee receives workplace investigation training. This blog discusses four scenarios where workplace investigations are required or recommended.
Doug MacLeod, MacLeod Law Firm
Dealing with public holidays on non-working days
This year Christmas Day and New Year’s Day fall on non-working days for many employees. Christmas this year is celebrated on Sunday December 25, 2016 and New Years Day on Sunday January 1, 2017. Many employers are looking for information specific to their jurisdiction, on how to deal with public holidays on non-working days, like the weekends.
Marie-Yosie Saint-Cyr, LL.B. Managing Editor
HR data: Go beyond the tip of the iceberg
Workforce data is everywhere. In all different formats using multiple languages, inconsistent terminology, and living in different systems. Given this complexity, it’s not surprising that most HR & talent teams access and utilize only a small portion of their data’s power. This is the data that’s visible, on the surface, and easily reported. But this is only the tip of the iceberg…and below the surface is where we really need to focus to deliver results for the business.
PeopleInsight Workforce Analytics
What injured workers need to know about WSIB
If you sustained a workplace injury and are in receipt of Workplace Safety and Insurance Board benefits for the first time, there are essential pieces of information that you should be familiar with…
Occasional Contributors
