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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…

I Didn’t Do Anything Wrong, Did My Employer Have the Right to Terminate my Employment?

Employees often wonder whether their employer had the right to terminate their employment for no specific reason. Unless an employment contract or a valid company policy which forms part of…

Should I Be Paid Overtime if I am Paid a Salary?

A common misconception is that salaried employees are not entitled to overtime. No such exception exists. Whether an individual is paid an hourly wage or an annual salary in no…

Court Clarifies ‘Exceptional’ Circumstances in Notice Period Awards

An employee is entitled to receive reasonable notice of the termination of their employment under common law unless that right has been limited by an enforceable contractual provision. While in…

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.…

Is Your Termination Package Fair? How to Know If You Could Be Entitled to More

The Basics: What You Need to Know In Ontario, and pursuant to the Employment Standards Act, 2000 (“ESA”) employees are entitled to notice of the termination of their employment or…

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…

Ontario considering further changes to the Employment Standards Act

The Ontario government has introduced the Restoring Ontario’s Competitiveness Act, 2019, (Bill 66) in the legislature, with the aim of approving changes to a variety of acts to cut business…