The Duty to Investigate
A recent decision in British Columbia[1] has drawn fresh attention upon an important issue in employment law. The Fundamentals An employer who makes allegations of serious misconduct against an employee must conduct an impartial investigation into the questioned conduct of the employee. The failure to do so will not only weaken the evidence of wrongdoing […]
Read MoreEmployee or Independent Contractor
It is often a perplexing and frustrating task to determine if a worker is an employee or an independent contractor. What is at Stake The consequences of the worker being an employee is that they are then entitled to the protections offered by numerous protective statutes. This can be of enormous significance to the worker […]
Read MoreMass Terminations
The recent sad news of the closing of the General Motors plant in Oshawa raises once again the need to be aware of Ontario’s protective laws on mass terminations. Keep in mind that Ontario law by statute allows for minimum notice and severance pay. Ontario “common law” or judge-made law also provides for potential increased […]
Read MoreSummary Judgment and Wrongful Dismissal
Ontario rules of court allow for a motion to be made to the court seeking a final judgment. This avoids the need for a traditional trial. The case is then based on affidavit evidence submitted by both parties. It is less expensive than the trial process and also is usually faster as the lengthy trial […]
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