How Do I Investigate Complaints?

Employers have a duty to investigate sexual harassment complaints. An employee does not need to make a formal complaint in order for an employee to investigate an incident of workplace harassment. In fact, an employer must investigate all incidents, even those they are aware of that no complaint was made for. Don’t wait to address the complaint. Take swift action in addressing the complaint.

Do I Report Incidents to Police?

There may be times when an employer will need to contact the police in relation to violence and harassment in the workplace. Incidents of assault or threats of violence are serious and should be addressed by reporting the incident to the police. Sexual harassment complaints may not need to be addressed by police if the actions taken are not criminal in nature. In non-emergency situations, you may be able to consult with an employment lawyer for guidance on how you should address the situation you are dealing with in the workplace.

Do I Need to Contact an Employment Lawyer?

In straightforward situations, it may not be necessary for an employer to look for outside help when dealing with sexual harassment complaints. But if you have any concerns about how to appropriately address a situation, it may be helpful to contact a qualified employment lawyer to aid you in addressing the issue.

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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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

Does Severance Pay Affect My Disability Benefits?

Are you currently receiving disability benefits from your employer and have also been given notice that your employment is being terminated? If so, you may be concerned about how severance pay will affect your current disability payments. Each employee and employer relationship is unique and no one-size-fits-all answer will apply to every situation. Generally, once your employment is terminated you will not receive disability payments from your employer, but you may be entitled to other benefits such as EI or […]

Are Your an Employee, Independent Contractor, or Dependent Contractor? Foodora Case Summary

The workplace is no longer limited to the traditional computer and desk we were so used to. What the workplace looks like has evolved over the years, particularly as the “gig economy” becomes more relevant. Chances are you have heard of and used Uber, UberEats, Lyft, Foodora, SkipTheDishes, and the list goes on. These Apps allow their users to conveniently access transportation or delivery services by connecting users with approved workers that are closest to them in proximity to ensure […]

T4 Slip: Deadlines, summary and what information employers need to include

Tax season is upon us! Hundreds of thousands of people around Ontario will be panicking about finding their ‘T4 form’. But what is the T4? Why is it so important? In this article we will explain your T4 and how important it is for filing tax. As an employee you should know what your T4 slip says. However, as an employer, it is essential that fill out the correct information for your employees. What is the T4 slip? The […]

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