Changes to the Employment Standards Act: What Were the Missed Opportunities?

March 27, 2018
Blog Post

As you may have heard, last year the Ontario provincial government passed significant changes to the Employment Standards Act, 2000 (the “ESA”). While many of the changes have progressive and employee-friendly intentions, some changes that are unfavourable to employees have been largely swept under the rug. Furthermore, the government opted not to make certain changes that it should have and, in fact, made others that simply make no sense. Here are three examples.

Perpetual Employment with Fixed-term Contracts: Am I An Indeterminate Employee?

February 26, 2018
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The majority of workers in Canada are employed on a permanent basis, with an employment contract of indefinite duration; that is, with no specified end date. Recently, however, there have been interesting cases touching on a terminated employee’s entitlements when employed pursuant to a fixed-term contract.

Welcome, Patrick Brunet

February 22, 2018
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The Employment Law Practice Group at Nelligan O’Brien Payne LLP is pleased to announce a new member of the team, associate lawyer Patrick Brunet.

Recent allegations against Patrick Brown highlight the need for Bill C-65

February 12, 2018
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An employee should not have to be subjected to sexual harassment in order to succeed in their career. Allegations of sexual misconduct against former Ontario Progressive Conservative Leader, Patrick Brown, highlight why Bill C-65 is necessary to enact stronger protection for Parliament Hill staff. But while Bill C-65 sounds like a promising first step, there is still legislative work to do.

Termination Clauses: Reading the Fine Print

November 29, 2017
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In the event you are terminated, does your contract act in your best interest? Is the termination clause clear and unambiguous, and therefore enforceable? A recent case, Amberber v. IBM Canada Limited, illustrates the importance of thoroughly reviewing your employment contract, or having someone with expertise review it for you.

‘Twas The Night Before Christmas: The Dos and Don’ts of Holiday Work Parties

November 21, 2017
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With the holiday season upon us, ‘tis the season to talk about the night before Christmas we all look forward to at the workplace: the annual holiday work party. These celebrations come in all shapes and sizes: afternoon teas, gift exchanges, ugly sweater competitions, Christmas caroling, dinner, dancing – the possibilities are endless. Unfortunately, so too are the possibilities for things to go wrong.

Jill Lewis interviewed on the CBC about extended parental leave

November 10, 2017
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Our very own Jill Lewis was interviewed yesterday by the CBC, discussing the changes to extended parental leave proposed in the 2017 Federal Budget. The proposal allows parents to take an extended parental leave of up to 18 months. The benefit rate for extended leave will be 33%, compared to the existing rate of 55% for 12 months.

Just Cause: When Is It Justified?

October 6, 2017
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Much of the work of employment lawyers involves dealing with people who have been terminated. One type of termination is for cause. In general terms, this is when the employer dismisses an employee for having done something wrong. What does this mean for the employee? And what are the obligations of the employer?