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Hamilton Employment Law

Ed Canning has been practicing exclusively in the areas of employment law and human rights for 23 years in the City of Hamilton, representing both employers and employees. For 20 years, he has been writing a bi-weekly column in The Hamilton Spectator on employment law and human rights issues that are of interest to both employers and employees. In this blog, you can have access to approximately 500 articles on various subject matters ranging from Employment Standards Act issues, wrongful dismissal issues to human rights issues.

More about Ed Canning

Blog Posts

Managers must be consistent when dealing with discrimination complaints

Aazim worked for in an oil-field in Alberta taking care of tailing ponds. He was a pump operator and his job was to make sure that everything was working properly so that nothing leaked out. He is a black man of Arabic descent. A few years after he started, when the winter season came, he was transferred to the shop until spring. 

Prudent employers establish employment contracts at the beginning of the employment relationship.

The most important term in any employment contract is the termination clause. Everything else changes: wages, job description, vacation entitlement, and even the benefit plan details.

Employment Standards Act not license for bad behaviour

The Employment Standards Act of Ontario sets out minimum entitlements for employees. It covers everything from minimum wage to overtime to parental leaves. 

Why medical specialist lost human rights challenge

Among many other things, human rights codes across the country prohibit discrimination in employment on the basis of a disability. If an employee cannot perform all aspects of their job, the employer has to find a way to accommodate them. The only defence available to the employer is to establish that: 1) the task the employee cannot do is a reasonable and bona fide part of the job and 2) it would be an undue hardship on the employer to accommodate that limitation. 

Ontario Human Rights Code is there for protection and equality

About five years ago, Karen owned a scented candle stall in a market in London, Ontario. One day she hired a friend to work part of the day at the stall. Her friend was transgender. She brought two friends who were also transgender. 

Duty to mitigate regardless of career change

When people are terminated from their employment, it is often a time to pause and reflect. Those reflections sometimes lead to a desire for a new career path.

Not meeting standards? You are still entitle to severance if dismissed.

Henney worked for a franchise of a large restaurant chain in Newfoundland for 13 years before she moved to Ottawa in 1999. She found work with a new franchise owner of the same chain there. Because of her previous experience in Newfoundland, she was treated as if she had 7 years of seniority with the new employer when she arrived.

There is no law about providing reference letters.

One of the most challenging issues that I deal with as an employment lawyer, whether I am counseling an employee or employer, is references.

Gender Identity and Gender Expression are prohibited grounds of discrimination.

In 2012 gender identity and gender expression became prohibited grounds of discrimination under the Ontario Human Rights Code. Apparently, Sugar Daddy’s nightclub in Mississauga did not hear the news. Its treatment of a transgender male in early 2015 was nothing short of horrendous.
 

Sometimes Judges get things quite wrong!

It is true. Sometimes the law is an ass. Sometimes judges get things quite wrong. Brian’s case is an example. After 17 years of loyal service, unfortunately Brian was diagnosed with cancer. Within three months, he passed away.