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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

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.

Employer must be wise when asking employee to sign performance improvement plan

If you are going to ask an employee who has received a warning letter or performance improvement plan (P.I.P.) to sign somewhere at the bottom of the document, be careful how you do it.

Clear written progressive discipline policy a necessity

When dealing with non-unionized employees, the arsenal of disciplinary tools an employer has available to it have always been limited: a few warning letters, suspension without pay followed by a termination.


So you just got a nasty warning letter from your new boss. She has listed a series of complaints about your performance and ended the letter by indicating that failure to improve may lead to disciplinary action including termination. Most of the allegations are untrue or unfounded.


Employers often view progressive discipline as a burdensome process they have to endure. For non-unionized employees, if there are significant performance issues and the employer is to have any hope of establishing just cause for a termination, a progressive discipline process has to be followed. Although non-unionized employees are not entitled to any reason for a termination, if there is not just cause they will be owed pay in lieu of reasonable notice.