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Employment Law

 

The relationship between an employer and an employee is a vital one that affects the entire work environment. At Carters Professional Corporation, we have experience in representing both employees and employers with a diverse range of employment law matters.

Our employment lawyers can assist with negotiating and drafting employment contracts, preparing workplace policies and procedures, and informing employers of their statutory and common law duties with respect to their employees. There may also be issues with respect to the legal obligations of employers under human rights laws, and our lawyers are able to educate and advise employers about their duties in that regard, and can assist in negotiating a result that achieves our clients’ goals.

Our employment lawyers can also assist with issues such as wrongful dismissal claims, negotiating termination packages, human rights complaints, and harassment claims. Our employment lawyers are knowledgeable about the applicable legislation, including the Employment Standards Act, 2000, and Ontario Human Rights Code.

Barry W. Kwasniewski practices employment law at Carters Professional Corporation.

You may contact us by e-mail at bwk@carters.ca or by telephone at 613-235-4774.

Carters has published many bulletins and articles in the area of employment law, including regular monthly articles in our Charity Law Update newsletter. Please see the main publications section of our website for more listings or sign up for our newsletter.

 

Employment Related Publications
Ontario Employment Standards Act Changes Proposed
By Barry W. Kwasniewski, Charity & NFP Law Bulletin No. 405, June 28, 2017.
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Electronic Liability Release Held Enforceable
By Barry W. Kwasniewski, Charity & NFP Law Bulletin No. 404, May 25, 2017.
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Employee Successfully Sues Employer For Harassment
By Barry W. Kwasniewski, Charity & NFP Law Bulletin No. 402, April 27, 2017.
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Court Of Appeal Rules Termination Clause Unenforceable
By Barry W. Kwasniewski, Charity & NFP Law Bulletin No. 400, March 29, 2017.
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OHRC Position on Medical Documentation
OHRC Position on Medical Documentation - Charity Law Bulletin No. 397
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Charity Must Pay Damages for Breaching OHSA
Charity Must Pay Damages for Breaching OHSA - Charity Law Bulletin No. 393
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Charity Manager Awarded Twenty Four Months Notice
Charity Manager Awarded Twenty Four Months Notice - Charity Law Bulletin No. 392
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Workplace Sexual Harrassment Laws Soon To Be in Force
Workplace Sexual Harrassment Laws Soon To Be in Force - Charity Law Bulletin No. 389
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Court Limits Temporary Lay-Off Rights
Court Limits Temporary Lay-Off Rights - Charity Law Bulletin No. 387
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Two New Leaves of Absence In The Works For Ontario
Two New Leaves of Absence In The Works For Ontario - Charity Law Bulletin No. 385
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Court of Appeal: Employee Injury Waiver Declared Void
Court of Appeal: Employee Injury Waiver Declared Void - Charity Law Bulletin No. 384
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Tribunal Awards Damages to Job Applicant
Tribunal Awards Damages To Job Applicant - Charity Law Bulletin No. 383
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Ontario Human Rights Commission Updates Policy On Creed
Ontario Human Rights Commission Updates Policy On Creed - Charity Law Bulletin No. 378
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Employer Financial Status Will Not Reduce Termination Notice
Employer Financial Status Will Not Reduce Termination Notice - Charity Law Bulletin No. 376
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Court Awards Substantial Pay In Lieu of Notice for Short Term Employee
Court Awards Substantial Pay In Lieu of Notice for Short Term Employee - Charity Law Bulletin No. 373
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Teens Awarded Compensation for Religious Discrimination in the Workplace
Teens Awarded Compensation for Religious Discrimination in the Workplace - Charity Law Bulletin No. 371
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Long Term Employee Awarded Twenty-Seven Months Notice
Long Term Employee Awarded Twenty-Seven Months Notice - Charity Law Bulletin No. 369
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Ambiguous Termination Provision Deemed Unenforceable
Ambiguous Termination Provision Deemed Unenforceable - Charity Law Bulletin No. 367
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Re-Capping Employer Liability For Wrongful Acts of Their Employees
Re-Capping Employer Liability For Wrongful Acts of Their Employees - Charity Law Bulletin No. 366
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Employer Liable for Dismissal and Ontario Human Rights Code Damages
Employer Liable for Dismissal and Ontario Human Rights Code Damages - Charity Law Bulletin No. 364
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Ontario Human Rights Commission Updates Policy on Pregnancy and Breastfeeding
Ontario Human Rights Commission Updates Policy on Pregnancy and Breastfeeding - Charity Law Bulletin No. 356
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Ontario Workplace Laws Bill Receives Royal Assent
By Barry W. Kwasniewski, Charity Law Bulletin No. 355, November 26, 2014
On November 20, 2014, Bill 18, the Stronger Workplaces for a Stronger Economy Act, 2014 ("Bill 18"), received Royal Assent. Bill 18 is an omnibus bill, which amends five different labour and employment-related statutes in Ontario, including the Employment Standards Act, 2000 ("ESA"). The main substantive change is that the Ontario minimum wage will be tied to the Consumer Price Index ("CPI") starting in October 2015. Also relevant for charities and not-for-profits is that the definition of "worker" under the Occupational Health and Safety Act ("OHSA") has been broadened to include unpaid co-op students and interns. Additionally, the definition of "worker" under the OHSA may now be broad enough to encompass volunteers.

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Defining "DISABLITY": It is Broad, But it is Not The Flu
Defining "DISABLITY": It is Broad, But it is Not The Flu - Charity Law Bulletin No. 353
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Preparing for New AODA Accessibity Requirements in Ontario
Preparing for New AODA Accessibity Requirements in Ontario - Charity Law Bulletin No. 352
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Differential Pay Schemes Ruled Discriminatory
By Barry W. Kwasniewski, Charity Law Bulletin No. 345, August 29, 2014
The Ontario Human Rights Tribunal is likely the first Canadian court or tribunal to consider a discriminatory pay scheme affecting persons with developmental disabilities. In February 2014, the Tribunal Vice-Chair Ken Bhattacharjee ruled in Garrie v Janus Joan Inc. that paying developmentally-disabled employees $1.25 per hour, while paying employees without disabilities minimum wage for doing substantially similar work was discriminatory.

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Court Upholds Employee Termination Clause in Contract
Court Upholds Employee Termination Clause in Contract - Charity Law Bulletin No. 343
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New Ontario Mandatory Health and Safety Awareness Training
New Ontario Mandatory Health and Safety Awareness Training - Charity Law Bulletin No. 340
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Unpaid Internships Under Ontario Ministry of Labour Scrutiny
By Barry W. Kwasniewski, Charity Law Bulletin No. 339, April 29, 2014
The Ontario Ministry of Labour is presently carrying out "workplace inspection blitzes" between the months of April and June, 2014, which will focus on the issue of employer use of unpaid interns. Media reports have confirmed that as a result of these inspections, Toronto Life magazine and The Walrus magazine (which is a registered charity), have ended their unpaid internship programs. Other employers may follow in either ending or modifying their internship programs in light of this increased attention to the issue. For charities and not-for-profits, the labour of volunteers is crucial to achieving organizational goals. However, in light of the increased attention by the government to the issue of unpaid work, charities and not-for-profits need to be mindful and aware of the limits imposed by law for unpaid work, and take appropriate steps to protect themselves from claims that the people who carry out the work need to be compensated in accordance with employment standards laws.

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SCC Rules: Do Not Deduct Pension Benefits From Wrongful Dismissal Damages
SCC RULES: Do Not Deduct Pension Benefits From Wrongful Dismissal Damages - Charity Law Bulletin No. 334
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Court Awards Human Rights Damages in Wrongful Dismissal Lawsuit
Court Awards Human Rights Damages in Wrongful Dismissal Lawsuit - Charity Law Bulletin No. 331
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 Barry W. Kwasniewski

Ottawa Office
Tel: (613) 235-4774 x304
Fax: (613) 235-9838
Email: bwk@carters.ca
Toll Free: (866) 388-9596
 
Orangeville Office
Tel: (519) 942-0001
Fax: (519) 942-0300
 
Meeting Locations
(by appointment)
Toronto (416) 675-3766
Mississauga (905) 306-2791
 

 

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