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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

What happens if i quit without giving proper notice?

We often hear about wrongful dismissal cases but not so often about wrongful quitting cases.

Maybe you shouldn't tell your employer you are sick.

What information can you share at work that may lead to you losing out on a promotion, being passed up for extra training, not receiving your expected raise or bonus, being marginalized in decision making processes or isolated and treated with kid gloves?...... Tell them you are sick.

Clarifying the term Layoff

People often used the term “laid off” to describe a termination due to a shortage of work. That is not what it means. A layoff pursuant to the Employment Standards Act (ESA) happens when an employee is temporarily sent home with some expectation that they will be recalled to work when things pick up. That is not a termination.

Are you a Just Cause expert? Take the quiz and find out.

Today, a just cause quiz. If you are not in a union, an employer does not need any reason to terminate your employment. If there is just cause, however, you don’t get any severance package. If there is not just cause for your termination, you do.

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.