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Supreme Court Rules Franchisee is an Employee

Last week, the Supreme Court of Canada upheld a lower court’s ruling that despite the existence of a franchise agreement stipulating that the franchisee was an independent contractor, the franchisee…

Sultan Lawyers on Dismissal Pt. 1: What is Wrongful Dismissal?

What is wrongful dismissal? The term wrongful dismissal is spoken about widely, but very few people properly articulate the issue. Employers have the right to dismiss employees for any reason…

Court Rules Employees Can’t Sue for Harassment in the Workplace

The Ontario Court of Appeal (ONCA) recently narrowed the legal remedies available to employees experiencing harassment at work by rejecting an independent common law tort of harassment in Merrifield v.…

Gender Wage Gap and the Proposed Pay Transparency Act

The Ontario government has initiated a public consultation for the proposed Pay Transparency Act (the Act). The Act was initially due to come into force on January 1, 2019, but…

More options for Employers looking to facilitate Global Mobility: The Comprehensive and Progressive Agreement for Trans-Pacific Partnership

The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (“CPTPP”) entered into force on December 30, 2018 when six of the 11 member countries including Australia, Japan, Mexico, New Zealand, Singapore…

Sharaf Sultan Quoted in HR Reporter

Sharaf Sultan was recently quoted in Canadian HR Reporter discussing an employer who was sentenced to jail for 90 days and hit with a $900,000 in fines for unpaid wages. Read…

Understanding Employment Law 03

Duty to Investigate Workplace Issues Many employers will be aware of the need to investigate allegations of workplace human rights abuses. The duty to investigate is, however, not one limited…

Understanding Employment Law 02

Wrongful Dismissal A fundamental proposition of employment law, as discussed in the most recent post, is to provide fair notice of termination. This principle will allow a terminated employee to…

Understanding Employment Law

Employment law principles start with a deceptively simple concept: in every employment agreement, there is an implied term that the employer must provide reasonable advance notice of termination, absent just…