A recent decision of the Human Rights Tribunal of Ontario (the “HRTO”) has further defined the scope of the test for “family status” discrimination. Employees may not be required to take measures to find alternative arrangements for infrequent, sporadic or unexpected family needs, before seeking protection under the Human Rights Code (the “Code”).
Continue Reading Family Status Discrimination: HRTO Narrows “Self-Accommodation” Requirement

The Ontario Court of Appeal recently confirmed not only that dependent contractors are entitled to reasonable notice of termination, but that 26 months can be an appropriate notice period for long-service dependent contractors.
Continue Reading Dependent Contractors are Entitled to Reasonable Notice (and Potentially Lots of It)

This two-hour CLE program will provide in-house counsel, HR professionals and business leaders with practical guidance and checklists to tackle the key issues that arise when their company moves into new jurisdictions around the world. We will look at three critical elements of international expansion:

  1. Getting the Structure Right, Early.  What factors do you consider when choosing the type of business entity to use for a particular type of business, long term objective and country?  Understand the impact your choice of business entity can have on your future business and related legal issues.
  2. Realities of Global Employment.  What are the most significant international employment, hiring and termination issues for in-house counsel dealing with international expansion and ongoing operations? Take away strategies to help you avoid the biggest pitfalls and successfully manage a global workforce.
  3. Equity Compensation.  How are companies thinking about equity outside of Canada? Learn whether the use of equity grants to provide future incentives and variable compensation for executives and other employees is available or advisable in other jurisdictions in light of securities law, tax withholding/reporting, exchange controls and other requirements.


Continue Reading Going Global: A Practical Survival Guide for Canadian Multinational Employers (May 28, 2015)

Many in the employer community were surprised by three recent cases (here, here and here) in which the Ontario courts struck down termination clauses in employment contracts for the failure to specifically reference the continuation of benefits through the statutory notice period under the Employment Standards Act, 2000 (the “ESA“).  The termination clauses in the employment contracts at issue in these cases appeared, on their face, to be valid and enforceable in light of the prevailing legal principles and existing case law.
Continue Reading Is Freedom of Contract Dead in Canadian Employment Law? Termination Clauses and Benefits Continuation Through the Notice Period

One of the questions we are commonly asked by non-unionized employers is whether they should use written employment agreements with their employees. While written employment agreements are not a replacement for sound human resources planning or judgment, a well-written agreement, tailored to the specifics of the employment relationship, can be an invaluable component of successfully managing employees throughout the life-cycle of the employment relationship, beginning to end.
Continue Reading Early New Year’s Resolutions: Are You Using Written Employment Agreements With Your Canadian Employees?