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Ontario Employment Law

Ontario Employment Law Legal information and contact particulars for, Ben J. Hahn, an Ontario Employment and Civil Litigation Lawyer Ben J. Hahn is an experienced Ontario Civil Litigation and Employment lawyer with Whitten & Lublin, a firm nationally recognized as a leader in employment law.

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Law — Blog — Ontario Employment Law

(Just Now) But in a law suit, an employee may have to reveal names to the employer. Read More Uncategorized Ben Hahn November 23, 2019 Benjamin J. Hahn, Ontario Employment and Civil Litigation Lawyer Employment , Law , Ontario , Harassment , Whistleblower , Source , Disclosure

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Legal Services — Ontario Employment Law

(6 days ago) Legal Services — Ontario Employment Law. Ontario Employment Law. Ben uses this blog to write about employment law issues. If you would like to set up a consultation with Ben about any of the services below, follow the prompts on the Whitten & Lublin website, or ask for a consultation with Ben Hahn after dialing 416-640-2667 or 1-866-658-6811.

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About Ben J. Hahn — Ontario Employment Law

(3 days ago) Employment Lawyer at Whitten & Lublin. [email protected] 416-640-2667 or 1-866-658-6811. 141 Adelaide St. West, Suite 1100. Toronto, Ontario. M5H 3L5. About Ben. Ben is an Ontario Civil Litigation and Employment lawyer with Whitten & Lublin, a firm nationally recognized as a leader in employment law.

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What is a Record of Employment

(4 days ago) Difference between Law and Legislation | Law vs Legislation

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There's No Probationary Period for New Employees …

(3 days ago) The law presumes that employees who are hired to work for an indefinite duration must be provided with “reasonable notice” of dismissal. This reasonable notice standard varies from case to case. In general, longer-serving employees are entitled to more notice than shorter-serving employees.

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Human Rights Code Employment Protections Can Still Apply

(Just Now) Many employment law disputes will turn on the proper characterization of a worker’s status. Typically, the law will have no difficulty looking past the labels used by the parties when it appears their true relationship more closely resembles employment. Moreover, different considerations may apply in different regulatory contexts.

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Employee Must Name Names of Other Whistleblowers in Law

(3 days ago) Disclosure. Parties to a law suit must exchange all relevant information before trial. In Ontario, this includes disclosure of the names and addresses of “persons who might reasonably be expected to have knowledge of transactions or occurrences at issue” in the law suit. In one recent case, a dismissed employee was ordered to disclose to her employer the names of coworkers who had …

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Wrongful Dismissal Pay is Reduced by All New Income, Even

(8 days ago) Several aspects of the law regarding mitigation were clarified by the Court of Appeal for Ontario in its 2017 decision in Brake v. PJ-M2R Restaurant Inc., 2017 ONCA 402 (CanLII). However, one important aspect of this ruling appears to have been repeatedly misread by the legal profession.

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Can an Employee Back Out of a Resignation

(5 days ago) In law, this is referred to as “desperately begging for your job back.” A merciful employer may choose to let an employee keep his job, but the employer is under no legal obligation to do so. If an employer does restore the status quo, the employer likely won’t be able to later rely on the aborted resignation to avoid paying termination pay.

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Terminated Employees Are Entitled to Pro-Rated Bonuses for

(9 days ago) The prior case law was unclear about whether an employee can only obtain compensation for bonuses with payout dates that fall within the notice period or whether the employee can obtain a pro-rated bonus for the entire notice period …

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Can an Employer Be Liable in Defamation for Giving a Bad

(Just Now) As the law developed, the courts expanded upon the rationale for this rule. In 1834, the rule was justified on the basis that “such communications are protected for the common convenience and welfare of society” because the speakers are under a “private moral duty” to speak. See Toogood v. Spyring (1834), 149 E.R. 1044 at p. 1050.

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Common Law — Blog — Ontario Employment Law

(7 days ago) Ontario Employment Law Legal information and contact particulars for, Ben J. Hahn, an Ontario Employment and Civil Litigation Lawyer . Posts tagged Common Law Wrongful Dismissal Pay is Reduced by All New Income, Even From a Low-Pay Job Taken in Desperation. Many lawyers and judges appear to have misread the Court of

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What is "Wrongful Dismissal

(6 days ago) The law expects the employee to work as though it’s business as usual. An employer who gives sufficient working notice may not have to pay the employee any additional compensation at the end of the notice period.

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"Substantially More Than a Majority" of a Dependent

(6 days ago) The law recognizes "dependent contractors" as an intermediate category of worker between employees and independent contractors. While their working relationship does not otherwise resemble an employment relationship, dependent contractors are afforded the right to “reasonable notice” of the termination of their contracts, similar to the

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Update on Employee Bonus Entitlements after Dismissal

(7 days ago) On April 13, 2018, the Ontario Court of Appeal released its decision in Singer v. Nordstrong Equipment Limited, 2018 ONCA 364 (CanLII). This case is yet another in a line of recent appeals that deal with the issue of employee bonus entitlements after dismissal. This brief case summary of Singer is an addendum to my March 31, 2018 piece on the

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No Bonus for You: Can Employers Withhold Bonuses after

(7 days ago) Ultimately, the tension in this area of law arises out of competing perceptions of what a bonus is: For the employee, a bonus is hard-earned pay; For the employer, a bonus may be seen as some gratuitous extra, paid to motivate employees to work harder or to stay with the company longer.

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Can an Employer Force an Employee to Bank Vacation Time

(2 days ago) Ontario Employment Law Legal information and contact particulars for, Ben J. Hahn, an Ontario Employment and Civil Litigation Lawyer. Can an Employer Force an Employee to Bank Vacation Time? Yes, but with some restrictions. Ontario employers can direct when employees take vacation, but employment standards legislation requires employers to at

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Employer Rehires Supervisor Who Sexually Assaulted

(8 days ago) Ontario Employment Law Legal information and contact particulars for, Ben J. Hahn, an Ontario Employment and Civil Litigation Lawyer. Employer Rehires Supervisor Who Sexually Assaulted Employee. An Ontario employee was ordered to pay her former employer's legal fees after she made a "substantially unsuccessful" bid to sue her employer following

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Wrongful Dismissal Awards for Pay-in-Lieu of Reasonable

(6 days ago) “Common law reasonable notice” awards are invariably greater than the minimum payments required by the Employment Standards Act, 2000 (the “ESA”). The ESA provides two entitlements: 1) termination pay; and 2) severance pay. ESA termination pay reaches a maximum of 8 weeks of pay (1.85 months) after 8 years of service.

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No Cost Termination Package Review — Ontario Employment Law

(9 days ago) The contact information you provide below will be submitted confidentially to an Ontario employment lawyer, Ben J. Hahn. The reviewing lawyer first needs this information to ensure that there are no conflicts of interest and to comply with Law Society of Ontario client identification rules.

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ONCA: "No Compelling Reason" to Recognize Harassment as

(6 days ago) development of the common law This legal tradition of judge-made laws rooted in past precedents is known as the “common law.” Many countries today share this common law legal tradition, and cases from other jurisdictions may be persuasive to a judge resolving a legal dispute.

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Working for a Peppercorn — Ontario Employment Law

(8 days ago) The law makes no inquiry into whether the deal is a good deal. It only needs to find some consideration. Traditionally, a party could bargain for nominal consideration described as “a peppercorn, if demanded” (e.g. see this 1861 lease from a case in the Court of Common Pleas of Upper Canada, where the first year’s rent was a peppercorn).

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Testimonials — Ontario Employment Law

(Just Now) I would highly recommend Ben Hahn for legal advice, particularly regarding employment law. He was extremely forthcoming with his time and incredibly generous with his help during a recent employment situation of mine. When I e-mailed him extensive legal questions, he responded promptly and thoroughly.

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EI Sickness Benefits, Quarantine, and Self-Isolation

(5 days ago) Ontario Employment Law Legal information and contact particulars for, Ben J. Hahn, an Ontario Employment and Civil Litigation Lawyer. EI Sickness Benefits, Quarantine, and Self-Isolation Amidst COVID-19. Employee rights during the COVID-19 pandemic: You don't have to go to work.

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Supreme Court of Canada Will Not Hear Appeal of Important

(2 days ago) The Supreme Court of Canada won’t hear an appeal of the Ontario Court of Appeal’s June 6, 2020 Waksdale decision.. Waksdale is a wrongful dismissal case which had a profound impact upon the landscape of employment law in Ontario.Because of Waksdale, employees now have greater opportunities to obtain larger termination packages upon dismissal.And employers are scrambling to …

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Am I Making Myself Clear

(8 days ago) It suffices that the parties’ intention to displace an employee’s common law [reasonable notice] rights can be readily gleaned from the language agreed to by the parties.” Whether this explanation clarifies the debate remains to be seen. _____ [1] Machtinger v. HOJ Industries Ltd., 1992 CanLII 102 (SCC), at pg. 997.

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Saving Clauses Come to the Rescue of Severability Clauses

(1 days ago) North v. Metaswitch. In 2017, I argued North v.Metaswitch, 2017 ONCA 790, a case that dealt with a bit of contractual boilerplate known as a “severability clause.”This is a clause that says any illegal parts of a contract should be “severed” to bring the contract into compliance with the law.

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Damages for “Bad Faith Conduct in the Manner of Dismissal

(8 days ago) This line of cases more accurately describes the current Ontario law on this point than does Hampton. Successful Claims. In one case, the court awarded $19,500 to an employee who was falsely accused of theft and fraud by his employer. The award was described as compensation for the additional difficulty the employee had in finding another job

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Contracts — Blog — Ontario Employment Law

(6 days ago) Ontario Employment Law. Posts tagged Contracts. Employers Can Insist on New Contracts When Employees Retract Resignation. When an employer permits an employee to retract a previously-accepted resignation, the employer can insist upon modified terms to the employment contract as a condition of continued employment, even where there has been no

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Fired — Blog — Ontario Employment Law

(2 days ago) This article provides some brief definitions for these and other bits of employment law legalese. An Ontario employee was ordered to pay her former employer's legal fees after she made a "substantially unsuccessful" bid to sue her employer following its decision to rehire "her abuser," a former supervisor fired ten years earlier amidst sexual

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No Punitive Damages for Date Rape Drug Slipped into

(5 days ago) Criminal conduct is prosecuted by the government and punished according to criminal sentencing principles. A victim could also choose to personally sue a wrongdoer for the same misconduct by launching a civil law suit. In a civil law suit, the court typically redresses a wrong by awarding monetary compensation payable by the wrongdoer.

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Employment Law — Blog — Ontario Employment Law

(1 days ago) Ontario Employment Law Legal information and contact particulars for, Ben J. Hahn, an Ontario Employment and Civil Litigation Lawyer . Posts tagged Employment Law Damages for “Bad Faith Conduct in the Manner of Dismissal” in 2018. A look at wrongful dismissal cases in 2018 to see what Ontario Judges thought was bad employer behaviour (and

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Canada — Blog — Ontario Employment Law

(3 days ago) Uncategorized Ben Hahn September 6, 2018 Benjamin J. Hahn, Ontario Employment and Civil Litigation Lawyer Canada, Employment, Law, Ontario, Quitting. Saving Clauses Come to the Rescue of Severability Clauses. In 2017, the Court of Appeal for Ontario put an end to employers using “severability clauses” to cure contractual violations of

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Employment Standards Act — Blog — Ontario Employment Law

(1 days ago) Ontario Employment Law. Posts tagged Employment Standards Act. Employers Can Insist on New Contracts When Employees Retract Resignation. When an employer permits an employee to retract a previously-accepted resignation, the employer can insist upon modified terms to the employment contract as a condition of continued employment, even where

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Human Rights — Blog — Ontario Employment Law

(9 days ago) Ontario Employment Law Legal information and contact particulars for, Ben J. Hahn, an Ontario Employment and Civil Litigation Lawyer . Posts tagged Human Rights Human Rights Code Employment Protections Can Still Apply to Non-Employees. Human rights prohibitions against discrimination "with respect to employment" can extend to consultants

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Contact Ben J. Hahn — Ontario Employment Law

(5 days ago) Ontario Employment Law. BEN J. HAHN. [email protected] 416-640-2667 or 1-866-658-6811. 141 Adelaide St. West, Suite 1100. Toronto, Ontario. M5H 3L5. Learn more about Ben here. To schedule a consultation with Ben, follow the prompts on the Whitten & Lublin website, or ask for a consultation with Ben Hahn after dialing 416-640-2667 or 1-866

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Employment Standrds — Blog — Ontario Employment Law

(6 days ago) Ontario Employment Law. Posts tagged Employment Standrds. Employers Can Insist on New Contracts When Employees Retract Resignation. When an employer permits an employee to retract a previously-accepted resignation, the employer can insist upon modified terms to the employment contract as a condition of continued employment, even where there has

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Severance Pay — Blog — Ontario Employment Law

(Just Now) Canada's highest court won’t hear a further appeal of the Ontario Court of Appeal’s June 6, 2020 Waksdale decision which profoundly impacted the landscape of employment law for both employees and employers.Waksdale's impact will now continue for the foreseeable future.. Read More

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Constructive Dismissal — Blog — Ontario Employment Law

(9 days ago) Ontario Employment Law Legal information and contact particulars for, Ben J. Hahn, an Ontario Employment and Civil Litigation Lawyer . Posts tagged Constructive Dismissal What is a Record of Employment? Don't let the name scare you. A Record of Employment isn't a centralized document accessible to employers detailing your past work performance

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intentional infliction of mental suffering — Blog

(9 days ago) Ontario Employment Law Legal information and contact particulars for, Ben J. Hahn, an Ontario Employment and Civil Litigation Lawyer . Posts tagged intentional infliction of mental suffering Employer Rehires Supervisor Who Sexually Assaulted Employee. An Ontario employee was ordered to pay her former employer's legal fees after she made a

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Torts — Blog — Ontario Employment Law

(2 days ago) Ben J. Hahn Employment Lawyer at Whitten & Lublin [email protected] 416-640-2667 or 1-866-658-6811 141 Adelaide St. West, Suite 1100 Toronto, Ontario

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Severance Package — Blog — Ontario Employment Law

(4 days ago) Ben J. Hahn Employment Lawyer at Whitten & Lublin [email protected] 416-640-2667 or 1-866-658-6811 141 Adelaide St. West, Suite 1100 Toronto, Ontario

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Wrongful Dismissal — Blog — Ontario Employment Law

(5 days ago) Only clear and unambiguous contractual language can alter or remove this common law right. Read More Uncategorized Ben Hahn September 26, 2019 Benjamin J. Hahn, Ontario Employment and Civil Litigation Lawyer Employment , Law , Ontario , Bonus , Pro-rated , Wrongful Dismissal , Termination Pay , Terminated , Dismissed , Clearn and Unambiguous

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Terminated — Blog — Ontario Employment Law

(7 days ago) Only clear and unambiguous contractual language can alter or remove this common law right. Read More Uncategorized Ben Hahn September 26, 2019 Benjamin J. Hahn, Ontario Employment and Civil Litigation Lawyer Employment , Law , Ontario , Bonus , Pro-rated , Wrongful Dismissal , Termination Pay , Terminated , Dismissed , Clearn and Unambiguous

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