During the course of employment, an employee may obtain access to confidential information regarding the employer’s business interests, including trade secrets and customer lists. As a result, and in order to protect itself from exploitation, an employer may require the employee to enter into a contract with provisions restricting the employee’s business activities at the end…
Understanding employment laws in Canada can be confusing and frustrating. The most common questions that we receive from employees pertain to their legal rights or entitlements as a result of dismissals. This article was specifically prepared to decipher some of the fundamental legal concepts applicable to the without cause dismissals of probationary employees. An individual…
Singh Lamarche LLP’s Jon Pinkus was featured in a recent Toronto Sun article by Duff McCutcheon on the Ashley Madison leak. Click on the following link to read the article: http://www.pressreader.com/canada/toronto-sun/20151209/282273844301956/TextView
With millions of Ashley Madison users exposed after a hacking group published their personal information, employers are asking themselves how they can deal with employees who are engaged in what many see as reprehensible off-duty conduct. Employers sometimes assume that an employee’s misdeeds in his or her private life are grounds for termination of their…
On October 19, 2015, Canadians will be heading to the polls to cast their ballots in the federal election. Many eligible voters may feel that their work obligations prevent them from taking time out of their day to have their say in who should govern the country. Fortunately, Canada has adopted laws that promote the…
Fortunately, most people don’t encounter violence on the job. Workplaces, with few exceptions, are usually viewed as safe and non-threatening environments. However, a recent tragedy painfully reminds us that violence can occur where many least expect: at work.
In many instances, when a person receives an employment offer it’s a take it or leave it proposition. Often, there are no negotiations. Courts tend to recognize that individuals are highly disadvantaged in this arrangement due to a power imbalance. If employers abuse this power, courts can refuse to enforce contractual terms on the grounds…
Hena Singh speaks to Matt Galloway, host of CBC’s Metro Morning, about the investigation into Ghomeshi’s workplace conduct: http://www.cbc.ca/…/episodes/2015/04/17/rubin-report-folo-2/
Employers cannot unilaterally alter an individual’s employment contract, unless the contract explicitly provides for the modification(s). Changing contractual terms without approval may give an employee the right to involuntarily resign and sue for severance, especially when the changes are significant. In legal jargon, this is referred to as constructive dismissal.
Target has officially announced that it is pulling out of the Canadian retail market. Where does this leave the tens of thousands of Canadian employees affected by the retail giant’s decision? In Ontario, mass layoffs trigger specific rules regarding the minimum amount of notice (or pay) owed to departing employees. The usual calculation of minimum…