Bore out: Workplace boredom and employer liability

Some jobs are boring. I spent eight months during University working as a parking booth attendant. There was not much to do in the 3′ by 3′ box, but it helped pay for tuition. Despite workplace boredom being a mundane reality of some working lives, it may also be the catalyst for more serious workplace[…]

Silence Proves Costly: Employment Agreements and Reasonable Notice

Employers who fail to incorporate a binding termination clause into their written employment agreements may face significant, and unexpected, liability for severance. This lesson was learned the hard way by Qualified Metal Fabricators (“QML”) in a recent unpublished case out of Toronto. QML employed Mr. Roy Singh as an assembler from May 2011 until his dismissal,[…]

Commission Sales Employees: Two Common Errors to Avoid

In the course of practice, we have repeatedly seen employers make two fundamental mistakes when it comes to provision of commission pay: 1) not properly providing for vacation pay in the calculation of commission payments; and 2) failing to ensure commission payments comply with minimum wage requirements. While employer errors of this kind may be[…]

Q&A: Maternity Leave & Your Rights as an Employee in Ontario

Having a baby can be one of the most exciting things in life. Along with the excitement of the new family member, however, come many new challenges: Will I go on maternity leave? How long can I take off work? Can I afford to be off work? What benefits and top-up can I get? Do[…]

Terminated : (Summary) Judgment Day

When the T-1000 came from the future to destroy John Connor, Arnie made sure he was stopped in his tracks. While employers who have to date relied upon prohibitive time and costs to deter ex-employee claims might not face the wrath that Skynet did, given the recent decision of Cloutier v. Q Residential LP Corp,[…]