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Category: Employment law

The Uber portable benefits pig-in-a-poke

Uber is the best-known name in precarious employment world-wide. Precarious workers lack access to benefits, like health and dental, and want them. So Uber has proposed the creation of pooled benefit programs for its drivers as part of what it has dubbed Flexible Work+. Simon Archer and Joshua Mandryk take us through the platform’s portable benefits program.

March 30, 2022
Simon Archer Joshua Mandryk

How to negotiate a mutual separation agreement

The biggest mistake an executive can make when resigning is to leave money on the table. Many believe that if they are choosing to leave their role, they will have to walk away with nothing. But as Natai Shelsen writes, it doesn’t have to be this way! Executives can often negotiate mutual separation agreements before leaving.

February 2, 2022
Natai Shelsen

What are my rights to bonus and other compensation after termination?

In a much-anticipated decision, the Supreme Court considered an employee’s entitlement to
bonuses after termination where the payments would have been earned in the next months had the
employee not been dismissed.

November 17, 2021
Kirsten Mercer

I got the job! Now what?

Geetha Philipupillai explains the basics of employment contracts for non-unionized employees and why getting legal advice is often worth it.

October 14, 2021
Geetha Philipupillai

Canada’s new public holiday, the National Day for Truth and Reconciliation

The federal government recently enacted a new public holiday, to be observed every year on September 30, which honours Indigenous People and commemorates the legacy of the residential school system. Gabe Hoogers explores what the day means and who will get the day off.

September 15, 2021
Gabriel Hoogers

Employment class actions in Ontario: Where are we now and where are we headed?

It has been nearly nine years since the Ontario Court of Appeal’s unpaid overtime class action certification trilogy was released, settling the law regarding the certification of unpaid overtime and employment misclassification class actions. Since then, misclassification class actions have become commonplace, with claims being certified across a wide range of industries and contexts.

July 7, 2021
Joshua Mandryk Jody Brown

Wrongful Dismissal for Federal Employees (Canada Labour Code) – What are my rights?

If you’re a non-unionized employee working in a federal sector job, what are your rights if you are dismissed? Here we set out a Wrongful Dismissal 101 for employees covered by the Canada Labour Code.

June 23, 2021

The ABCs of gig work

There are many ways to address the growth in precarious work and the social and economic challenges it brings. By simplifying the legal test for determining an employer-employee relationship, we could make a significant and immediate difference to millions of workers in the gig economy and beyond.

May 4, 2021
Joshua Mandryk Simon Archer Steven Barrett Ethan Poskanzer

Protecting whistleblowers in the public service

If public servants witness a wrongdoing in the public service, they have options. Gabe Hoogers examines how the law aims to protect whistleblowers.

April 21, 2021
Gabriel Hoogers

Employment status is the only fair future for gig workers

Uber has announced that it will lobby Canadian governments to exempt its drivers from employment protections. Steven Barrett and Josh Mandryk tell us why that’s bad for gig workers and what systemic legal reforms are needed to properly protect them.

March 17, 2021
Steven Barrett Joshua Mandryk