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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

Your actions outside of the office could affect your employment status

An employee of Hydro One is reportedly out of a job. His employer took exception to the fact that he lewdly and crudely interrupted an on-air journalist who then confronted and challenged he and his friend, Tweedledummer.

Your employer isn't necessarily out to get you.

The saying goes, “Just because you think everyone’s out to get you doesn’t mean they’re not.” And sometimes the opposite is also true.

Stopping a robbery might cost you your job!

A convenience store employee in Hamilton was recently terminated from his employment as a result of his reaction to being robbed.

Social Media and Just Cause dismissal

Employees should be very mindful of how they use social media. Depending on what your job is, who you work for and how odious your online behaviour, you might end up getting terminated for just cause.

After-acquired just cause means no notice or severance

If you are going to spend money to hire a lawyer to represent you after a termination, be sure to tell them the truth, the whole truth, and nothing but the truth. Otherwise, you’re wasting your time and theirs.

Document! Document! Document!

An employer does not need just cause to terminate a non-union employee but if they don’t have it, they have to provide pay in lieu of notice. In addition, if they are one of the 5% or less companies that are governed by the Canada Labour Code, they may also be subject to further sanctions over and above severance
 

Banks are Federally regulated. Do you know your rights?

People who work for federally regulated companies have some rights that are similar to unionized workers without having to pay the union dues.  Banks are federally regulated.
 

Fired for an innocent mistake? what about references?

QUESTION:  I worked for a retail outlet for just under three years and never received any significant criticisms of my performance. One day, I accidentally gave a customer a discount for which they did not qualify. It was not someone I knew. I received no personal benefit from this mistake whatsoever. My manager told me I was guilty of theft. I told him no money ended up in my pocket. He said if it wasn’t theft it was fraud. In any case, he fired me. The Ministry of Labour says they will collect the two weeks minimum termination pay and I know that having filed with them I cannot sue for more.  My concern is my future job prospects. This is the first job I ever had and I am afraid that if any potential employer calls him up, he is going to tell them I am a fraud artist. Is there anything I can do about this?
 

Admitting mistakes could avoid just cause termination

A man we will call Jay got a job working for a car parts manufacturer when he was 22 years old. He started as a labourer. 23 years later he was a vice president with significant client responsibilities. He mostly used his car for work purposes but one day he decided to go and see a client in Alliston and took the employer’s truck from the yard without asking.

Violent criminal acts in the workplace do not receive lenient treatment by the courts.

Unless you are extremely lucky, violence in the workplace will almost get you fired without a severance package.