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Workplace Harassment – Employer Obligations

We see almost daily news items about workplace harassment, and employers can expect an uptick in worker awareness and complaints of workplace harassment.  Whether or not an employer has received a complaint, they should be aware of their obligations when it comes to workplace violence and harassment.

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Is my employment contract still good?

abstract image of black alphabet letters on a white backgroundIn our practice the question of whether an employment contract is still enforceable comes up often. This usually happens around terminations — whether we are advising a recently terminated employee or helping an employer prepare for a termination, the question of whether dated contract provisions can be relied upon is crucial. Assuming that the contract is otherwise valid, the entire contract may be obsolete if the employee’s role has changed significantly since the time the contract was signed.  

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What is solicitor-client privilege?

two people shaking hands over a desktopSolicitor-client privilege is an important legal concept that allows clients to trust their lawyers with private information. The Supreme Court of Canada has called it, “a principal of fundamental justice and civil right of supreme importance in Canadian law.” Given its importance to the relationship, we think it is important for individuals to understand what solicitor-client privilege is.

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Millennials at Work: Common Legal Issues

three people sitting in front of a windowThere is no shortage of writing about millennial workers. Millennials are the fastest growing cohort of workers, and they are reshaping the way we work, especially in traditional industries. Millennials, the group broadly defined as those born between 1982 – 2000, have different views and different needs than the generations that came before them. They can also present new legal challenges for employers.

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Employee or Independent Contractor? The Effect of Bill 148

people sitting on a subway trainOne Bill 148 amendment that could hit businesses hard is the tightening of the law around who is an employee. In the event of a misclassification — an independent contractor who should be classified as an employee — the onus is now on the business to prove the individual is NOT an employee.

Why Use Independent Contractors vs. Employees and What’s the Difference?

Often businesses use a blend of workers. Employees can be hired for either fixed or indefinite terms, and independent contractors or consultants can be retained to provide services on a specific project without becoming employees. There are practical differences between these two categories for the worker and the business. The following chart highlights some of them.

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