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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,…

The Law and Ethics of Notice of Termination

The Law and Ethics of Notice of Termination

In the Star Saturday, there was a short and basic discussion of what employees should do when they are dismissed and are offered a severance package by their employer.  This…