Be Careful What You Bargain For

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…

A promotion can entitle you to severance

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.

Mass layoffs : The Target experience

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…

Employers are allowed to discriminate

Did you know that employers are legally permitted to engage in discriminatory practices? As shocking as this may seem, in some very specific circumstances employers are legally allowed to breach human rights laws. Provincially regulated employees in Ontario enjoy the protections granted by the Human Rights Code. Among other things, these include equal treatment in employment…

The boss is probably watching

Our clients often wonder how private their work computers actually are. For many, the answer is troubling. The issue of privacy rights in the workplace can be obscure. It is a developing area of employment law in Canada far from being resolved. With the advent of technologies in our day-to-day lives, it is very common…