References present a double-edged sword for employers. On one hand, employers typically want former employees to find new jobs as doing so will get them off the company’s severance payroll. On the other hand, providing references may expose employers to dual-pronged liability in negligence and/or defamation. Given the recent news that Canada lost nearly 46,000…
On November 22, 2013, the Ontario Labour Relations Board (“the Board”) released its decision in the Ljuboja v. The Aim Group Inc. and General Motors of Canada Limited, (“AIM”). While the decision itself was narrowly focused, adjudicating a preliminary motion to seek dismissal of an application alleging a reprisal under the Ontario Occupational Health and…
The Ontario Ministry of Labour recently announced a push to conduct audits of retailers, including grocery stores, gas stations, and shopping malls, between October and December 2013 for compliance with the Employment Standards Act, 2000 (ESA). In particular, the audits will focus on compliance with: Public Holiday Pay Overtime Pay Hours of Work Vacation Pay…
As global trade increases, so does the movement of labour between jurisdictions. This is because companies increasingly require skilled labour to support growth in both emerging and high growth markets. The rising demand for mobile labour is reflected in the rapid increase of global assignees over the past 10 years. This trend is only expected to continue in the coming…
Employers have every reason to vigorously protect their confidential information. In a competitive marketplace, the maximum value of a work product is highly dependent on exclusivity of ownership. And as the saying goes, once the “genie is out of the bottle” it can never be back in. However, a recent case from the Ontario Superior…