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Piresferreira v. Bell Mobility: I’m Confused, Please Help!

The Ontario Court of Appeal issued a landmark employment law decision a couple of weeks ago called Piresferreira v. Ayotte. The case is being discussed mostly for the Court’s ruling…

Is Telling Your Boss to “F#@& Off” Cause for Dismissal?

Is Telling Your Boss to “F#@&  Off” Cause for Dismissal?

You are an HR manager, and you notice one of your employees sulking around the workplace and complaining about the competence of management.  So you call the employee into a…

Should We Allow Shopping 365 Days a Year?

I remember years ago, when I was working in the men’s clothing department of Eatons, the heated discussions around the cafeteria about the pending law that would permit retail stores…

Employees, Independent Contractors, and Those In Between

I’m talking about who is an “employee” in my employment law class this week.   It’s not always easy to figure out when we are looking at an employment relationship,…

Is Buying Pot at Work “Just Cause” Under the Canada Labour Code?

We have a very piecemeal approach to the law of dismissal in Canada.   Unionized employees can only be dismissed for ‘just cause’, because unions bargain that requirement into collective agreements.…

Unlawful Reprisals and the Employment Standards Act

Most employment protection legislation includes a section that prohibits an employer from retaliating in any way against an employee who tries to claim their entitlements under the legislation.  This makes…

The Ontario Minimum Wage Cracks the $10 Barrier Today (and a Joke!)

The Ontario general minimum wage goes up to $10.25 today!   In case you are wondering where to find that law, you need to search a bit.  The ESA says…

Should We Imprison Employment Standards Violators?

Sometimes when I teach employment law, I begin with a short documentary about Canadian garment workers who are paid a few dollars in day, far below the minimum wage they…

Court Permits Class Action Scotiabank for Unpaid Wages to Proceed

Court Permits Class Action Scotiabank for Unpaid Wages to Proceed

Scotia Bank was in the news yesterday after it reported almost a billion dollars in profit for the first quarter of 2010!   Of course, one way to make a…

Is a ‘stripper’ an ‘employee’ or an ‘independent contractor’?

Is a ‘stripper’ an ‘employee’ or an ‘independent contractor’?

Here’s a topic we consider in Week 2 of my Employment Law course week.   Is a worker an ‘employee’ or an ‘independent contractor’?  The answer matters significantly in employment law,…