ArticleFederal Government's Emergency Response Plan – COVID-19We are doing all that we can at MacDonald & Associates to ensure assistance to all as, together, we navigate this unprecedented world health crisis.CanadaGovernment, Public SectorMacDonald & Associates
ArticleDon't Gamble: Leave No Stone Unturned When Seeking Fulsome Documentary DisclosureThe termination of one's employment is often unexpected and, when it occurs, is typically effective immediately. Even further from an employee's mind is the contemplation of litigation following a termination.CanadaEmployment and HRMacDonald & Associates
ArticlePart-Time Employees Must Be Paid At The Same Rate As Full-Time Employees: 2018 Equal-Pay-For-Equal-Work ProvisionsFormerly, the Employment Standards Act, 2000, S.O. 2000, c. 41 did not require an employer to compensate a part-time, temporary, casual or contract employee the same as full-time employees doing substantially similar work.CanadaEmployment and HRMacDonald & Associates
ArticleWhen Employers Can Require An Independent Medical Examination As Part Of The Duty To AccommodateIn Bottiglia v Ottawa Catholic School Board, 2017 ONSC 2517 (CanLII), Marcello Bottiglia was Superintendent of Schools at the Ottawa Catholic School Board (OCSB). He had worked at the OCSB (and its predecessor) since 1975. CanadaEmployment and HRMacDonald & Associates
ArticleBill 148 Brings Big And Not So Big Changes To The Employment Standards Act, 2000A week after the release of the Report, the Ontario government released its own set of suggested changes to the ESA, largely omitting the recommendations in the Report. CanadaEmployment and HRMacDonald & Associates
ArticleOntario Government Makes Sweeping Changes To The ESAFriday evening, the Government amended Ontario's Employment Standards Act, 2000 ("ESA") through Ontario Regulation 228/20 to provide employers with some comfort that they will ...CanadaCoronavirus (COVID-19)MacDonald & Associates
ArticleDon't Judge A Book By Its Cover: The Emergence Of The Dependent Contractor (Part 2)Historically, the law in Canada has used the word "employee" as an entry to coverage, employing the difference between an employee and an independent contractor.CanadaEmployment and HRMacDonald & Associates
ArticleFacebook Job Ad Microtargeting: Getting The Right "Fit" Or Is This Discrimination?Long gone are the days when job seekers flipped through the daily newspaper in search of their next gig. In the internet age, social media connects employers and job seekers with relative ease.CanadaEmployment and HRMacDonald & Associates
ArticleCan Your Employer Ask For The Passwords To Your Social Media Accounts?The Personal Information Protection and Electronic Documents Act ("PIPEDA") is the federal privacy law for private-sector organizations. CanadaPrivacyMacDonald & Associates
ArticlePrivacy Commissioner: Search Engines Have A Duty To Protect Online ReputationsIn my practice, I've consulted with, and represented, individuals and corporations who have had inaccurate and, sometimes, hateful statements written about them online.CanadaPrivacyMacDonald & Associates
ArticleEmployee Stock Options – Proposed Changes To Preferential Tax TreatmentOn June 17, 2019 Canadian Finance Minister Bill Morneau released draft legislation that proposes changes impacting the preferential tax treatment of employee stock optionsCanadaTaxMacDonald & Associates
ArticleThe Closure Of Foodora's Operations Across Canada Will Likely Have A Chilling Effect On Unionization Efforts By Other Gig-Economy WorkersBack on February 25, 2020, the Ontario Labour Relations Board ("OLRB") released its first ever decision with respect to workers in today's gig economy, finding that couriers working for Foodora Inc. ("Foodora")...CanadaCoronavirus (COVID-19)MacDonald & Associates
ArticleBack To Life, Back To Reality: Court Of Appeal Claws Back Landmark Notice Award<P><I>The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.</I></P>CanadaEmployment and HRMacDonald & Associates
ArticleDomestic And Sexual Violence Leave: What Employers And Employees Need To KnowDomestic and sexual violence leave is now a job protected leave of absence in the workplace. Here are some things that employers can do to support employees who are victims of domestic and sexual violence ...CanadaEmployment and HRMacDonald & Associates
ArticleLaw Firm Slapped With $50,000 In Moral Damages For Abhorrent Treatment Of Articling StudentIn Acumen Law Corporation v Ojanen, 2019 BCSC 1352, Ms. Melissa Ojanen ("Ms. Ojanen") was hired as an articling student at Acumen Law Corp ("Acumen") CanadaEmployment and HRMacDonald & Associates
ArticleCanada Emergency Response Benefit And Ontario Economic Relief – COVID-19Today we saw a large number of developments and announcements at both the federal and provincial levels. Federally, the government passed an aid package bill worth $107 billion to help Canadians. CanadaStrategyMacDonald & Associates
ArticleCOVID-19 And Limitation Periods In The Employment ContextOn March 20, 2020, pursuant to the Ontario Emergency Management and Civil Protection Act, the provincial government suspended statutory limitation periods and procedural guidelines during the COVID-19 pandemic.CanadaCoronavirus (COVID-19)MacDonald & Associates
ArticleDon't Judge A Book By Its Cover: The Emergence Of The Dependent Contractor (Part 1)In 1999, Boomers made up over half (51.4%) of the workforce.CanadaEmployment and HRMacDonald & Associates
ArticleMitigation Income May Not Affect The OutcomeWhen an employee claims damages for wrongful dismissal, they are typically required to do their very best in mitigating any damages relating to loss of income following the dismissal ...CanadaEmployment and HRMacDonald & Associates
ArticleWhat Employers Can Do To Support Victims Of Domestic ViolenceThe #MeToo movement has put sexual harassment and violence in the workplace front and center. But what about violence that occurs in the personal lives of employees, such as domestic abuse and sexual violence?CanadaEmployment and HRMacDonald & Associates