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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.

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Blog Posts

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.

Bankruptcy Trumps Judge's decision to pay out dismissed employee.

By the spring of 2014 Stephen had worked for a real estate brokerage firm for just over 17 years and was 63 years old. He was the Vice President of Finance making over $180,000 a year.

Aging Employees - be careful what you say.

QUESTION:  I have an employee in the office of my small business who has worked for the company for about nine years. She just turned 69. She is a great person but unfortunately, over the last ten months or so her error rate has skyrocketed. It is not because she does not care because I know she does. I have, as kindly as possible, pointed out the increasing number of errors and have tried to figure out with her what we can do to reduce them. Nothing has worked. These errors are starting to hurt the business. What do I do?
 

When Salary Continuance Goes Wrong.

When an employee negotiates a severance package, it usually takes either one of two forms: Either the employee gets a lump sum payment and all ties with their former employer are cut or they end up on a time limited salary continuance. A salary continuance means the employee is put on the regular payroll with normal deductions and most of their previous benefits coverage and continued pension participation.