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Employers Must Consider Foreign Workers for Employment

A recent case of the Ontario Human Rights Tribunal (OHRT) serves as a cautionary note to employers with respect to the hiring of foreign workers. Specifically, the OHRT makes it clear…

Sultan Lawyers on Dismissal Pt. 3: The Difference Between Wrongful and Constructive Dismissal

You may be aware of two common terms often used to describe the actions of an employer who violates the rights of an employee at the time of the termination…

Have I been Wrongfully Dismissed, and How Do I Know?

In general terms, an employee is wrongfully dismissed when an employer breaches a term or several terms in the contract of employment, or a statute provision or rule in employment…

When is an Employer Liable for the Actions of a “Rogue” Employee?

There are times when one employee can act so improperly as to cause the harassment and/or departure of another employee. These situations are often referred to as an employee going “rogue”. …

Sultan Lawyers on Dismissal Pt. 2: Pay Cuts and Constructive Dismissal

Refresher on Constructive Dismissal Constructive dismissal occurs when conduct or requirements made of an employee are so at odds with the employee’s job that such conduct/requirements amount to a fundamental…

Are Electronic Employment Contracts Legal in Canada?

In Canada, many people believe that physical signatures have greater legitimacy than digital ones. Accordingly, employers continue to be hesitant to the idea of electronically signed employment agreements particularly in…

Employers Must Take All Reasonable Steps to Accommodate for a Disabled Employee

In a recent Ontario case, Regional Municipality of Waterloo (Sunnyside Home) v Ontario Nurses’ Association, an arbitrator ordered a long-term care home to reinstate a registered nurse who was fired…

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…