Description
We focus exclusively on employment law and human rights. We help employees and employers make things right when they go wrong. For most of us, the workplace is the centre of our lives, or at least of significant importance. It's not just the place where we make money to pay for our needs; it's where we spend most of our waking hours, where much of our social life happens, and where we get a sense of who we are. It's why one of the first things people ask when they meet someone new is, "What do you do for a living?"
When something goes wrong at work, it can affect every other part of our lives.
At Vey Willetts LLP, we focus exclusively on employment law. We help employees and employers make things right when they go wrong. We provide legal guidance to make workplaces more productive and positive, and to resolve conflicts efficiently and cost-effectively.
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facebook.com'What do you say to that?' Waterloo man shocked by response to job application at Kitchener business
This is probably not how you want to let prospective job applicants know that they are not being considered for the position. This story serves as a reminder to employees and employers alike that the Ontario Human Rights Code applies not only to employees, but also to job applicants. http://www.cbc.ca/news/canada/kitchener-waterloo/job-posting-somalia-background-discrimination-1.3668307
Taxi owner fined $15,000 for underpaying employee
A local Fergus taxi owner was fined by the Ministry of Labour for under paying his employees. It should go without saying that the Employment Standards Act is not a tough act to follow (see what I did there), and compliance with it should be straight forward. I find it rather incredulous that employers still think that they can get away with paying less than minimum wage to hard working employees or feel that severance and notice laws don't apply to them. Remember, the Employment Standards Act sets out the minimums, it is the floor, not the ceiling with respect to employment law and worker's rights. http://guelph.ctvnews.ca/taxi-owner-fined-15-000-for-underpaying-employee-1.2880658
The True Story of the Gender Pay Gap - Freakonomics
This isn't 100% employment law related, more so it is workplace related. Regardless, it is a worthwhile read or listen. Gender inequality in the Workplace is an important issue that needs to be dealt with. This episode of Freakonomics hosts Dr. Claudia Goldin, a professor of economics at Harvard University. She discusses the concept that “The converging roles of men and women are among the grandest advances in the last century.” Have a listen, or a read. Happy Friday. http://freakonomics.com/podcast/the-true-story-of-the-gender-pay-gap-a-new-freakonomics-radio-podcast/
Timeline Photos
I've had a few questions about Restrictive Covenants this week - the "non-comp" and "non-solicit" clauses so often found in employment contracts. We've put together a simple overview for you. If you are considering put one in your next contract as an employer, be sure to talk with a lawyer first to make sure it will stand up to scrutiny. Likewise, if you are an employee - be careful when reviewing these clauses in employment contracts, and if you are already stuck with one if you are shown the door, it is worth talking with an employment lawyer to determine if the clause is appropriately drafted and enforceable. http://guelphemploymentlawyers.com/restrictive-covenants/
Ontario recovers nearly $140,000 in wages for unpaid interns
My latest post below, the link to Paul Willett's article on unpaid internships just got even timelier. The Ministry of Labour recovers nearly $140,000 for interns for unpaid wages: http://www.theglobeandmail.com/news/national/ontario-recovers-nearly-140000-in-wages-for-unpaid-interns/article29797641/
The Unpaid Internship: Exploitation or Opportunity?
My friend/boss Paul Willetts wrote a timely piece on interns and volunteers in the workplace. With summer just around the corner, it's prime time for student placements, internships and resume building activities. If you are planning on participating in an internship or happen to be taking on an intern this summer at your workplace, you should give it a read. It's informative and helpful. http://www.vwlawyers.ca/blog/2016/04/the-unpaid-internship-exploitation-or-opportunity.shtml
Guelph Wrongful Dismissal Lawyers - Guelph Employment Law Firm | Vey Willetts LLP | Labour...
It's tulip time. Spring is here now for certain and I love that fresh feeling of jumping out of hibernation from the winter months and looking forward to summer fun. My spring plans are to get some more informative posts out for people, so I'm starting by linking some basic information and a check list for people who find themselves recently terminated: http://guelphemploymentlawyers.com/guelph-wrongful-dismissal-lawyers/
Ten Unmistakable Signs Of A Bad Place To Work
This Forbes article by contributor Liz Ryan is an interesting take on looking at future employers. I spend a lot of my time dealing with the end of the Employee/Employer relationship, but this list/guide is well worth considering and has some interesting points: http://www3.forbes.com/leadership/ten-unmistakable-signs-of-a-bad-place-to-work/11/
Guelph denies Bruce Poole's allegations in wrongful dismissal suit
A no-news news piece: The city is vigorously defending the assertions in former Building Officer Bruce Poole's claim for wrongful dismissal. I really do wish I had a copy of the pleadings. http://www.cbc.ca/news/canada/kitchener-waterloo/guelph-denies-bruce-poole-allegations-wrongful-dismissal-suit-1.3515179
City of Guelph fines itself over failure to obtain building permit
I told you I'd follow the google alerts for my last post about the City's current legal battle over a wrongful dismissal of it's former building official Bruce Pool. Well, not much of an update for the employment law case, but in any event - here is the latest, and it's still a fun legal pickle. The city has fined itself for failing to obtain a permit. I've heard of the left hand paying the right hand, but this sounds even sillier. I'm trying to picture it all going down. Basically you've got a city official paying another city official a fee from the same coffer, right? I'm hoping that someone at least got some airmiles out of the whole thing. http://www.cbc.ca/news/canada/kitchener-waterloo/guelph-fines-itself-over-building-permit-failure-1.3501134
Guelph's former chief building official sues city for $1 million for wrongful dismissal
The (alleged) million dollar Wrongful Dismissal: The Former Chief Building Inspector for the Royal City was fired last summer. He's filed a statement of claim (read: sued) the city for wrongful dismissal and is seeking aggravated and punitive damages. His claim is for $1 million. I've written some of my initial thoughts on the matter below: As reported by the CBC, the claim is an interesting one, and I'd like to get my hands on the actual claim to give it a read (anyone have a copy?) as it sounds like it could be a bit like a recent decision of the Court of Appeal that came out last year (Walmart v. Boucher). Big damage awards are rare in Ontario, though they are becoming a bit popular with judges these days as the courts try and tell employers how to behave. Of the million, $650,000.00 is carved out for wrongful dismissal damages, typically understood as payment in lieu of proper notice. According to my research, Mr. Poole earned $144,121.38 as of March 2015. To me, that makes the claim for wrongful dismissal equivalent to 4 and half years. While he is a long service employee, I'd doubt he is entitled to more than anyone ever awarded in Ontario. Typically speaking, and according to past cases, an employee such as Mr. Poole would be entitled to somewhere around 22 to 30 months, maybe (and that's a big maybe) 34 or 36 months notice. I'd think that there is more to that claim than strictly the notice period. This case is going to be interesting to follow from an employment law perspective, and if it goes to court (e.g., not settled in mediation) I'm going to bet if he is successful it is appealed. It will be a long drawn out battle, and it's not going to be cheap any way you slice it for city taxpayers. The amount of people who work in stressful environments and bring claims alleging poisoned work environments and lack of accommodation for disabilities is high. Mr. Poole's case is, in this respect - not unique. What is interesting is the claim for punitive and aggravated damages (a modest $350,000.00). Generally the courts aren't keen to just hand these types of awards out like candy. There is a steep hill to climb to establish that an employer has acted so egregiously that additional damages are merited. That's what's got me interested in this case, and will likely keep it in the news. The idea behind punitive damages being that we want the courts to punish people (or companies, cities etc.) for behaving badly. That means that it has to be more than a cost of doing business award, it has to be significant enough to be punishing (or punitive). Aggravated damages, while similar - go more to the idea that the conduct of the employer was so bad that it caused extra problems/stress/harm to the individual/employee. It's not punishing, but instead an award to compensate for additional suffering. In most cases, significant evidence of this harm needs to be demonstrated to show that the normal damages (i.e. the damages for the wrongful termination) are not enough to compensate the individual. On top of all of this, after 21 consecutive positive performance reviews, the man was fired after returning from vacation. The whole thing stinks. I've made a google alert and will track this one as it develops. http://www.cbc.ca/news/canada/kitchener-waterloo/fired-guelph-building-official-bruce-poole-suing-city-1.3463458
Q&A: Maternity Leave & Your Rights as an Employee in Ontario
Balancing work and family can be challenging. I'm sure I'll find out all about it soon on a personal level! If like me, you're expecting a baby or you're perhaps you are already currently off on maternity/parental leave, you may want to check out the latest article from my colleague Paul Willetts for answers to some of the common concerns and questions that often come up for employees as they wait for their bundle of joy and sleepless nights to arrive. http://www.vwlawyers.ca/blog/2016/02/qa-pregnancy-parental-leave-and-work.shtml
Quiz
