Toronto Employment Lawyer

Toronto Star looks at Contracting - 100 jobs may be eliminated

In an article published in today's National Post, it was reported that the Toronto Star has asked 100 union and non union employees to consider voluntary severance packages as the newspaper explores contracting out what could amount to more than 100 jobs.  

Voluntary severance packages are essentially an agreement that the employee will agree to his or her termination "without cause" in exchange for an offer of severance, which has usually been made to the employee in advance.  Employees who are interested in the voluntary packages will usually then "apply" for acceptance for the package and if eligible (with eligibility set by the employer) the employee will be made a formal offer of severance. 

The difference between voluntary and non voluntary severance packages are that the employees who are offered voluntary packages are not required to accept the offer.  That is, they can reject the offer and continue to work as before.

In the current economy many employers have turned to cost cutting measures such as voluntary severance, temporary layoffs, reduced work weeks or hours, temporary pay cuts or large scale restructuring. 

Daniel A. Lublin is a partner with Whitten & Lublin LLP, which provides employees and employers with human resources advocacy and representation. 

Tribunal Awards $35,000 to fired pregnant employee

The Human Rights Tribunal of Ontario recently reported the decision in Maciel v. Fashion Coiffures, siding with the applicant who was terminated immediately following the announcement of her pregnancy. 

The press release by the Human Rights Legal Support Centre indicates that Vice Chair Naomi Overend noted Ms. Maciel's vulnerability in her decision by outlining that "She was young, just out of school, and coping with an unplanned pregnancy. This was to be her first full-time job, which she testified she was very excited about, making the experience that followed that much more distressing."

Follow this link to the Globe & Mail article on Ms. Maciel's ordeal.

A copy of the decision can be found by clicking on the link below.

Download Maciel v Fashion Coiffures doc

Whitten & Lublin is an employment law firm providing counsel to both employers and employees on a wide range of employment law issues.

Women Lead Economic Recovery

By Sarah Diebel

According to recent statistics tracking the latest jobless numbers, women are rebuilding their families' finances and the Canadian economy. In September, growing numbers of women entered the workforce, while more men joined the ranks of the unemployed.

Despite what appears on its face to be a surge of female dominance in the new marketplace, it is important to note that hiring practices are not discriminating against male applicants. Economists claim that women are willing to accept lower paying jobs in order to support their families, while men typically hold out for higher compensation.

Gender generalizations aside, statistics show public sector growth and private sector losses. So, until men dominate the health care field as opposed to manufacturing, we can expect further "she-covery" according to Chaya Cooperberg, the author of a recent Globe & Mail article available here.

Transgendered teacher fired after announcing gender reassignment treatment

By Brian Norris

In what is sure to stir up the separation of church and state debate, Alberta teacher Jan Buterman has recently filed a human rights complaint against the local Catholic school board after he was unceremoniously released from his duties as a supply teacher due to his pending gender reassignment surgery.

The story has picked up national interest and has already been noted in the National Post and on the CBC news website.

Freedom from discrimination due to sexual orientation is a human right in Canada. If you have been prejudiced in the workplace due to your sexual orientation you may want to consult with an employment lawyer to discuss your rights.

Brian Norris is the office manager at Whitten & Lublin LLP, an employment law firm providing counsel to both employers and employees on a wide range of workplace law matters.

Be mindful of internet use at the office

By Daniel A. Lublin

Fresh after my recent article on Internet use at the office, Canada's privacy czar has recently opined on privacy in today's ever connected society. In a Toronto Star article, Privacy Czar Jennifer Stoddart, advises all Canadians to "think before they post".

All employees should strongly adhere to Ms. Stoddart's advice. With the growing popularity of website's like Facebook and Myspace, the likelihood of an employee's off-work actions effecting their employment are exponentially increased. Just ask Crystal Bell. 

Daniel A. Lublin is the managing partner of Whitten & Lublin LLP, an employment law firm providing counsel to both employers and employees on workplace matters. Daniel can be reached at dan@whittenlublin.com.

Does your PDA stress you out?

By Brian Norris

The flow of information is paramount in today's workplace. With the advent of hand held devices like RIM's Blackberry and Apple's Iphone, employers often expect instant 24-7 communication with their employees.

Recently, an increase in reported stress levels, coupled with a high suicide rate, has forced France Telecom to reconsider the day-to-day demands the company places on employees. In last week's Globe & Mail article, the European telecommunications giant addresses the issue and touches on some of the methods they intend to draw on to decrease employee stress levels.

Issues stemming from PDA use are not new. Follow this link to Daniel Lublin's piece on how Blackberry slip ups can leave you in legal trouble at your job.

Brian Norris is the office manager at Whitten & Lublin LLP, an employment law firm providing counsel to both employers and employees on workplace matters.  Brian can be reached at brian@whittenlublin.com.

New Help for Ontario Temporary Help Workers

By Sarah Diebel

On November 6, 2009 the Employment Standards Amendment Act (Temporary Help Agencies) will come into force.

The changes acknowledge the increasing number of temporary jobs and placement agencies in Ontario and will operate with existing employment standards legislation to ensure workers are treated fairly.

Temporary help agencies cater to business clients that submit requests for non-permanent and frequently short-term staff. These arrangements can last anywhere from days to years and apply to a widening range of clerical, manufacturing, construction and services workers, amongst others.

For more information of the effect of the changes and who will be captured by them, please consult the FAQs published by the Ministry of Labour.

For more information on how the law currently treats temporary workers, see Daniel Lublin's advice here.

Sarah Diebel is a lawyer with Whitten & Lublin LLP, an employment law firm providing counsel to both employers and employees on workplace matters. Sarah can be reached at sarah@whittenlublin.com.

Recession Has Changed the Rules of the Hiring Game

By Sarah Diebel

One effect of the recession that officially took hold about a year ago this month has been an overstocked pond full of unemployed talent just waiting to be fished out. As a result, employers have a luxury rare to hard times - they can now get more for less.

The unemployed, who are already willing to accept jobs for less compensation than they previously earned, can also expect contracts to include probationary periods, termination clauses and other unfavorable fine print. Furthermore, employers are increasingly eliminating the permanent full-time position altogether and replacing it with temporary fixed-term contracts without benefits, pensions and other incentives.

For more information on how the recent increase in hiring has been tempered by a decrease in employee entitlements, read the Globe & Mail Business Report here.

For more information on contractual hiring practices, see Daniel Lublin's advice to both employers and employees and employers.

Sarah Diebel is a lawyer with Whitten & Lublin LLP, an employment law firm providing counsel to both employers and employees on workplace matters. Sarah can be reached at sarah@whittenlublin.com. 

Nortel Employees Fear Potential Layoffs

By Alyssa Minsky

The Canadian telecommunications equipment maker, Nortel Networks, has recently sold it's Enterprise Division. Located primarily in Ottawa and Belleville, Ontario, the division was sold to winning bidder Avaya Inc., a U.S. based company for a reported $900 million (USD). The deal is scheduled to close in December of this year.

Nortel filed for bankruptcy protection in January of this year after sales plummeted. Over the past months, Nortel has laid off more than 5000 employees. As a result, the company is auctioning its "parts", including the Enterprise division.

Currently comprised of 1000 employees, this unit faces the potential for further layoffs, which will likely be decided within the next month. The exact number of layoffs remains unknown at this stage. Some speculators have put the figure at 75%.

Those who have been subject to layoffs should seek employment counsel to discuss their legal rights and options. Temporary layoffs often turn into permanent layoffs (both of which can be considered terminations), if this occurs an employee may be entitled to severance pay.

Alyssa Minsky is a lawyer at Whitten & Lublin LLP, an employment law firm providing counsel to both employees and employers on workplace matters. Alyssa can be reached at alyssa@whittenlublin.com.

The importance of knowing your rights when switching jobs

Many employees are unaware of their rights when switching jobs; especially when it comes to matters such as non-compete and non-solicitation clauses.

Thankfully, author Gordon Powers (with the help of employment lawyer Daniel Lublin), recently opined on msn.com about employee's rights regarding probationary periods, termination, and post-employment obligations.

Whitten & Lublin LLP is an employment law firm assisting both employers and employees on a wide range of workplace matters. If you would like to meet with one of our lawyers, please fill out a request for a consultation on our website by following this link.