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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

Employer no longer generous on over time pay.

QUESTION: When I was hired to be a service technician five years ago, my hiring letter indicated that I would get time and a half after the first 40 hours worked in a week. Last week the company sent out a memo indicating that as of next month, time and a half will only be paid after the first 44 hours. Can they do this?
 

Employer no longer generous on over time pay.

QUESTION: When I was hired to be a service technician five years ago, my hiring letter indicated that I would get time and a half after the first 40 hours worked in a week. Last week the company sent out a memo indicating that as of next month, time and a half will only be paid after the first 44 hours. Can they do this?
 

Terminated while on disability leave

When it comes to establishing a violation of the Ontario Human Rights Code a little dab of motivation will do you. The law has long been that if an employee is subjected to any kind of negative treatment which relates, even in part, to a prohibited ground of discrimination, a violation of the Human Rights Code is established as if it was the entire motivation.
 

Terminated while on disability leave

When it comes to establishing a violation of the Ontario Human Rights Code a little dab of motivation will do you. The law has long been that if an employee is subjected to any kind of negative treatment which relates, even in part, to a prohibited ground of discrimination, a violation of the Human Rights Code is established as if it was the entire motivation.
 

For Ghomeshi and Others; it's either Union or Legal Representation, not both

It is reported that Jian Ghomeshi has dropped his civil suit against the CBC arising from his termination and that legal costs are going to be paid by him to the CBC. Regardless of the circumstances or reasons for Ghomeshi’s termination, for employment lawyers, that news is no surprise at all.

What is fair, reasonable notice?

Long ago, the concept of reasonable notice of a termination evolved in the courts. It was held that it was unfair for employees, where there was no just cause for their termination, to lose their means of support without any notice whatsoever. If there was no egregious behaviour warranting an immediate termination of the relationship, employees should be forewarned that the plug was about to be pulled. In the 1930s, it was thought that nobody was entitled to more than six months’ notice. If you provided working notice, “Jack, you’re finished in six months”, no pay in lieu of that notice needed to be provided.

What is fair, reasonable notice?

Long ago, the concept of reasonable notice of a termination evolved in the courts. It was held that it was unfair for employees, where there was no just cause for their termination, to lose their means of support without any notice whatsoever. If there was no egregious behaviour warranting an immediate termination of the relationship, employees should be forewarned that the plug was about to be pulled. In the 1930s, it was thought that nobody was entitled to more than six months’ notice. If you provided working notice, “Jack, you’re finished in six months”, no pay in lieu of that notice needed to be provided.

Remembering Compassion

Although I represent both employers and employees, I spend much of each day meeting with people who have recently lost their job. They are going through, in one way or another, the typical stages of grief. By the time they see me, either a few or ten days after they got the news, they could be in any stage of the process…denial, anger, depression or acceptance.

Lessons learned the hard way, refusing to listen or just bad advice

Litigious means “ fond of engaging in law suits”. The truth is, most lawyers are more fond of settling law suits than going to court. A clear and firm result rather than the vagaries of the court room are almost always best for everyone. Sometimes clients don’t agree.

Lessons learned the hard way�refusing to listen or just bad advice

Litigious means “ fond of engaging in law suits”. The truth is, most lawyers are more fond of settling law suits than going to court. A clear and firm result rather than the vagaries of the court room are almost always best for everyone. Sometimes clients don’t agree.