Labour Relations & Employment Law

The Meaning and Effect of Hiring an Employee on Probation By Brad Smith There is a presumption that an indefinite employment contract can be terminated by providing the employee with reasonable notice. This includes short-term employees. This presumption is overcome if the parties agree to a period of probation. The Ontario Court of Appeal has clarified the meaning of a probationary employee and the effect of probation. July 18, 2017
TIPS ABOUT TIPS Picture working as a Server in a busy restaurant. You are dashing around, trying to ensure all your tables are happy. Without you noticing, one of your tables pulls the dreaded “dine and dash.” Who is left picking up the tab for this? In some cases in the past, it would have been you and your tips from the shift. While not standard practice or policy in the majority of restaurants, this situation has played in numerous instances in the food and beverage service industry in the past. March 1, 2017
Ontario Human Rights Commission Policy Position on Medical Documentation By Brad Smith On February 1, 2017 the Ontario Human Rights Commission released a policy statement on medical documentation when addressing accommodation requests based on disability. The policy is intended to address two questions. First, people with disabilities often provide or rely on ambiguous or vague medical notes that do not provide enough information to allow for appropriate accommodation. February 7, 2017
Bill 132 and Workplace Sexual Harassment By Brad Smith Bill 132, “An Act to amend various statutes with respect to sexual violence, sexual harassment, domestic violence and related matters”, amends 6 different Ontario Acts but we will focus on the changes to the Occupational Health and Safety Act. November 9, 2016
Employees are entitled to Bonus Payment After Termination By Brad Smith The employment relationship is governed by the law of contract. But the common law also implies certain terms. September 7, 2016