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Can I Claim Unfair Dismissal During My Probation Period?

If you have recently been let go from your place of employment during your probation period, you may be wondering if there is anything you can do to dispute the dismissal. Though in many cases, it may be within your employer’s rights to dismiss you during this period, there may be circumstances that allow for you to challenge the dismissal or receive compensation for your dismissal. In this article, we will help you to understand what you need to know […]

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Understanding Severance Pay in Ontario

If you have been dismissed from your current employment, one of your top concerns may be if you will qualify for severance pay, and if so, how much you are entitled to. Not every person will qualify for severance pay and there are specific instances where employees do not qualify. In this article, we will help you understand when you qualify for severance pay and assist you in understanding how much severance pay you can anticipate. It is important to […]

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Do Non-Compete Agreements Hold Up?

When you first signed your contract of employment with your employer, you may not have felt that the non-compete clause you were asked to sign was of any importance. Fast-forward a few years and you are now leaving your place of employment. You have got big plans to start your own business, take on your own clients or even work for a competitor of your previous employer. Now that your circumstances have changed, you are a bit worried that the […]

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How to Handle an Employee Sexual Harassment Complaint

Do you have an employee that has come to you with a sexual harassment complaint? As an employer, you have obligations to address this complaint and it must be taken seriously. If you have never experienced this before as an employer, you are likely uncertain about the steps you need to take to ensure you meet your obligations and support your employee. t is always best to be proactive in addressing workplace sexual harassment. As an employer, you should already […]

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Do Independent Contractors Have to Abide by Non-Compete Clauses?

Are you an independent contractor who is being asked to sign a non-compete clause? If so, you may be wondering whether this non-compete clause would be enforceable. The agreement between an employer and an independent contractor is unique and unlike a typical employer-employee relationship, as an independent contractor operates as their own business. There are many reasons why non-compete clauses can be problematic and unenforceable in these scenarios. Generally speaking, your non-compete clause may very well be unenforceable. But it […]

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How Do Equal Opportunity Laws Protect Job Applicants in Canada?

Within Canada, any business that is regulated by the federal government has a legal obligation to abide by the Employment Equity Act. This means that these regulated businesses are required to provide equal opportunities for employment to four designated groups of people. People who fall under the Employment Equity Act include women, Indigenous persons, persons with disabilities and members of visible minorities. Though the Employment Equity Act has been around since 1995, many people are unfamiliar with it and are […]

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Trouble with Termination Clauses: Waksdale v Swegon Case Summary

For employees, the Employment Standards Act, 2000 (“ESA”) represents the ‘floor’ or the bare minimum for which employers must provide. Any provision in that contravenes the ESA in an employment contract is generally seen as void and unenforceable. To minimize the risks of the enforceability of their employment contracts being rejected by the Court, employers have historically inserted a severability clause or a portion of the contract which stipulates that the contract will continue to be enforced even if one […]

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Is Insubordination Just Cause for Termination In Canada?

Has your employer recently dismissed you with cause claiming insubordination or insolence? If so, you may be wondering if this is a justifiable reason for you to have been dismissed. Within Canada, there are specific grounds that may justify your employer to dismiss you with cause. In some cases, insubordination can be considered just cause for termination. Every employee and employer relationship is unique and without a full understanding of your specific situation, it may be difficult to know if […]

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Is My Non-Compete Clause Enforceable In Canada?

When you first signed your employment contract, you may have been asked to sign a non-compete clause. Non-compete clauses are common, particularly in instances where an employee would be able to provide services similar to their employer outside of their workplace environment. But are non-compete clauses enforceable? Though you may have felt it was reasonable at the time to sign a non-compete clause, it is likely that you may have concerns regarding the clause when your employment status changes. In […]

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Can I Claim Constructive Dismissal In Canada If I Resign In Canada?

Has your employer made changes to your conditions of employment without your consent? Changes in duties, reduced status, reduction in salary or benefits and threats of dismissal can all be examples of constructive dismissal. When these changes are made, employees often feel as if they are being forced to resign, and in many cases they do. If you are experiencing what you believe is constructive dismissal it is likely that you will have to resign before you can make this […]

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