I. BEGINNING THE EMPLOYMENT RELATIONSHIP
- 1. Ten Questions to Ask Yourself When Hiring
- 2. 'Let me be clear!' - The Failure of Non-Competition and Non-Solicitation Agreements in an Age of the Overly-cautious Employer
- 3. Restrictive Covenants : Protecting Your Company
- 4. Restrictive Covenants Difficult to Enforce
- 5. Broader is not Better : Court of Appeal Restricts Use of Non-Competition Clauses to Protect 'Trade Connections' with Clients
- 6. Substance Over Form : Establishing Independent Contractor Status is Easier Said Than Done
- 7. Tips for Creating a Proper Independent Contractor
- 8. Employees v. Dependent Contractors v. Independent Contractors
- 9. The Employee Signed The Contract, BUT... Are You Sure Its Binding?
- 10. The Case of the Enforceable Termination Clause - Clarke v. Insight Components (Canada) Inc.
II. THE EMPLOYMENT RELATIONSHIP
- 11. Why Your Plant Needs a Performance Management System
- 12. The Dos and Don'ts of Performance Management
- 13. Why Workplace Harassment Investigations Fail
- 14. Experiences Counts When Conducting a Workplace Investigation
- 15. Investigating Harassment in the Workplace Must be Prompt
- 16. When Your Boss is a Bully
- 17. How to Cope with the Hostile Employee
- 18. Workplace Disputes Fuel Retention Problems
- 19. Employees in Crisis : How to Deal with a Suicidal or Unstable Employee
- 20. Business, Pleasure, or Both? Company Retreats and Compensation Issues
- 21. Overtime Issues in your Workplace : How to Prevent Unforseen Claims for Overtime Pay
- 22. Requests for Medical Information Must Respect Privacy
- 23. Identifying and Managing Disability Fraud
- 24. Video Surveillance and Biometrics in the Workplace : Balancing Security with Privacy and Religious Interests
- 25. Court Weighs Periodic Criminal Record Checks
III. ENDING THE EMPLOYMENT RELATIONSHIP
- 26. A New Meaning for 'Just Cause'
- 27. When is Off-Duty Criminal Conduct Cause for Termination?
- 28. Disloyalty Can Result in Dismissal
- 29. When is a Workplace Romance Cause for Termination of Employment?
- 30. Rodrigues v. Powell (2007) : An Examination of After-Acquired Cause
- 31. Update on Constructive Dismissal
- 32. Why Constructive Dismissal Claims Fail
- 33. Termination in Disguise : Legal Layoffs Require Both a Contractual Right and a Genuine Intention to Recall
- 34. Changing Employment Contracts
- 35. Video Surveillance of an Employee Can Constitute Constructive Dismissal
- 36. Long-Term Disability Benefits Must Continue After Dismissal
- 37. Turf Wars - Tips for the Departing Employee
- 38. Obligations of Departing Employees
- 39. Interlocutory Relief : A Modified Approach
- 40. Employers Beware : Ontario Passes Controversial Amendments to the Ontario Human Rights Code
- 41. Undue Hardship and the Employers Duty to Accommodate
- 42. ADGA Group Consultants Inc. v. Lane - What to do When an Employee Hides a Disability
- 43. Dismissed Employees May Need to Relocate to Mitigate Their Damages
- 44. When Does an Employee Have NO Duty to Mitigate? The Case of Wronko v. Western Inventory Service Ltd.
- 45. The Wait is Over - The Supreme Court of Canada Closes the Floodgate to Punitive Damages Claims
- 46. How to Avoid Wallace Damages
- 47. Ontario Court of Appeal Makes it More Difficult for Employees to Win Wallace Damages
IV. PRACTICAL TIPS
- 48. How to Bullet Proof Your Job
- 49. What to do When You Get Fired
- 50. Considerations During the Holiday Season
- 51. How to Deal with a Workplace Disability
- 52. Top Bloopers to Avoid if You Are an Employer
- 53. The Ten Most Common Errors in Human Resources Policy Manuals
- 54. When is a Workplace Human Rights Investigation Neccessary? Practical Tips for Managers and Human Resources Professionals
- 55. A Practical Guide for Employers Defending a Wrongful Dismissal Action
- 56. E-Discovery in Ontario : What are Employers' Obligations?
- 57. What Employers Need to Know about Summary Judgment
- 58. Family Day : What Employers Need to Know
- 59. H1N1 in the Workplace
- 60. Tips for Managing Your Workplace in Times of Economic Crisis
- 61. New Rules Change Employment Litigation Landscape
- 62. Violence and Harassment in the Workplace
- 63. Amendments to the Occupational Health and Safety Act Have an Impact on Directors and Officers of a Corporation
