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As a leading employment and labour law firm, our lawyers frequently write for industry and professional publications on a wide range of topics related to our practice areas.

One of the ways we assist clients to remain current on workplace issues and developments in the law is through our newsletter — Management Counsel. To subscribe to our newsletter and other publications, please click on the “subscribe” button below.

One of the ways we assist clients to remain current on workplace issues and developments in the law is through our Briefing Notes. To subscribe to our Briefing Notes and other publications, please click on the “subscribe” below.

Publications - CTV News

Union plans Charter challenge after feds intervene in B.C. port lockout

November 12, 2024 | Sundeep A. Gokhale

The union representing more than 700 locked out supervisors at British Columbia ports said it will go to court to fight for its right to negotiate through collective bargaining. The International Long...

Publications - Ontario Roofing News

A New (Final?) Chapter in the R v City of Sudbury Saga

December 2, 2024 | Daniel Averbach , Luiza Vikhnovich

In what is likely to be the final chapter in the long R v City of Sudbury saga, the Ontario Superior Court of Justice upheld the acquittal of the City of Sudbury (“City”) from all Occupational Hea...

Newsletters - Sherrard Kuzz LLP

An Independent Medical Examination Can be an Important Tool to Verify a Former Employee’s Mitigation Efforts

November 2024 | Daniel Averbach , Sarah MacKay Marton

In our August 2024 newsletter, Erin Kuzz discussed the importance of actively managing an employee on a medical leave of absence, including the type of information an employer can request during the m...

Newsletters - Sherrard Kuzz LLP

Accommodation is a Two-Way Street

November 2024 | Zack Lebane

“John cannot attend work for medical reasons.” Many employers have received a doctor’s note like this. The question we often receive from employers is, “can we ask for more information?” The...

Briefing Notes - Sherrard Kuzz LLP

Ontario Government Introduces Working for Workers Six Act

December 2, 2024 | Sherrard Kuzz LLP

On November 27, 2024, the Ontario Government introduced Bill 229, Working for Workers Six Act, 2024. If passed, Bill 229 will amend, among other things, the Employment Standards Act, 2000 (“ESA”),...

Briefing Notes - Sherrard Kuzz LLP

Working for Workers Five Act Receives Royal Assent

October 30, 2024 | Sherrard Kuzz LLP

On October 28, 2024, Bill 190, Working for Workers Five Act, 2024 received royal assent. Bill 190 amends the Employment Standards Act, 2000 (“ESA”), Occupational Health and Safety Act (“OHSA”)...

Publications - CTV News

Union plans Charter challenge after feds intervene in B.C. port lockout

November 12, 2024 | Sundeep A. Gokhale

Publications - Ontario Roofing News

A New (Final?) Chapter in the R v City of Sudbury Saga

December 2, 2024 | Daniel Averbach , Luiza Vikhnovich

Publications - The Ottawa Construction Association

Working for Workers Five Act receives royal assent

November 25, 2024 | Sherrard Kuzz LLP

Publications - Canadian HR Reporter

Accommodation is 2-way street

November 18, 2024 | Zack Lebane

Publications - Franchise Legal

Recruiting An Employee From A Franchisee? Pitfalls To Avoid

October 25, 2024 | Daniel Averbach , Michael G. Sherrard

In today’s economic climate, recruiting and retaining qualified and capable employees is an ongoing challenge for many businesses. To address this challenge, a franchisor may wish to recruit a risin...

Publications - Canadian Lawyer

Federal legislation will increase risk of strikes

October 16, 2024 | Sundeep A. Gokhale

IN 2023, “the year of the strike,” there were 745 work stoppages across Canada and more than 6.5 million person-days not worked. By comparison, in 2022 there were 157 work stoppages and fewer than...

Publications - Canadian HR Reporter

Out of sight, out of mind not a winning strategy

October 7, 2024 | Erin R. Kuzz

Some employers believe that if an employee is absent from the workplace for medical reasons, there comes a point when their employment effectively ends and no further action is required. This is not o...

Publications - CBC News

CBC’s Jacqueline Hansen speaks with Sundeep Gokhale

September 24, 2024 | Sundeep A. Gokhale

Newsletters - Sherrard Kuzz LLP

An Independent Medical Examination Can be an Important Tool to Verify a Former Employee’s Mitigation Efforts

November, 2024

| Daniel Averbach | Sarah MacKay Marton

November, 2024

| Sherrard Kuzz LLP

Newsletters - Sherrard Kuzz LLP

Accommodation is a Two-Way Street

November, 2024

| Zack Lebane

November, 2024

| Sherrard Kuzz LLP

Newsletters - Sherrard Kuzz LLP

Out of Sight – Out of Mind is NOT a Winning Strategy – Ignoring an employee on a long-term medical leave can be unnecessarily costly for employers

August, 2024

| Erin R. Kuzz

August, 2024

| Sherrard Kuzz LLP

Some employers believe if an employee is absent from the workplace for medical reasons, there comes a point when their employment effectively ends and no further action is required. This is not only a...

Newsletters - Sherrard Kuzz LLP

A Deal is a Deal. A forfeiture clause is enforceable – says Human Rights Tribunal of Ontario

August, 2024

| Arash Farzam-Kia

August, 2024

| Sherrard Kuzz LLP

In an employment dispute, settlement documents often include a confidentiality and/or non-disparagement clause limiting what the parties can say about the dispute, the settlement, and each other. But ...

Newsletters - Sherrard Kuzz LLP

Is an Employment Agreement Worth the Paper On Which It’s Written?

April, 2024

| Erin R. Kuzz

April, 2024

| Sherrard Kuzz LLP

It often appears the answer is ‘no,’ but it doesn’t have to be. In fact, an employment agreement remains one of the few tools available to an employer to limit liability in the context of termin...

Newsletters - Sherrard Kuzz LLP

What is Protected Under Human Rights Legislation? Veganism is not protected, caste is

April, 2024

| Aicha Raeburn-Cherradi | Jeremy Ambraska

April, 2024

| Jeremy Ambraska

Human rights tribunals across the country are grappling with what is – and more importantly what is not – discrimination under human rights legislation. A human rights tribunal cannot consider a g...

Newsletters - Sherrard Kuzz LLP

Who’s in control? Supreme Court of Canada addresses when an owner is an employer on a construction site

January, 2024

| Daniel Averbach

January, 2024

| Sherrard Kuzz LLP

A construction site involves many actors: the owner, constructor, subcontractors and workers. All have separate, but often overlapping, obligations under Ontario’s Occupational Health and Safety A...

Newsletters - Sherrard Kuzz LLP

Planning for future employment with a competitor, not a breach of fiduciary duty – So says Court of Appeal for Ontario

January, 2024

| Jeremy Ambraska

January, 2024

| Sherrard Kuzz LLP

In EF Institute for Cultural Exchange Limited v WorldStrides Canada, Inc.,[1] the Court of Appeal for Ontario held that an employee had not breached his fiduciary duty to his former employer when he m...

Briefing Notes - Sherrard Kuzz LLP

Ontario Government Introduces Working for Workers Six Act

December 02, 2024

| Sherrard Kuzz LLP

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Briefing Notes - Sherrard Kuzz LLP

Working for Workers Five Act Receives Royal Assent

October 30, 2024

| Sherrard Kuzz LLP

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Briefing Notes - Sherrard Kuzz LLP

Ontario’s Minimum Wage Increase Now in Effect

October 01, 2024

| Sherrard Kuzz LLP

The Ontario Employment Standards Act (“ESA”),[1] sets out minimum wage rates that apply to most employees in Ontario. These rates are adjusted annually based on inflation. The latest scheduled inc...

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Briefing Notes - Sherrard Kuzz LLP

Ontario Launches Consultation on Forthcoming Job Posting Rules

September 12, 2024

| Sherrard Kuzz LLP

The Government of Ontario has launched a public consultation on job posting rules under the Ontario Employment Standards Act.[1] Some of these rules were introduced in the recently passed Working fo...

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Briefing Notes - Sherrard Kuzz LLP

Ontario Introduces Minimum Wage and Other Rules for Digital Platform Workers

September 11, 2024

| Aicha Raeburn-Cherradi | Colten Lavery

The Ontario Digital Platform Workers’ Rights Act, 2022[1] (the “Act”) and O. Reg. 344/24 (the “Regulation”), came into force on September 5, 2024 and will take effect on July 1, 2025. The Ac...

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Briefing Notes - Sherrard Kuzz LLP

A New (Final?) Chapter in the R v City of Sudbury Saga ~ City acquitted of all OHSA charges because it exercised due diligence

August 28, 2024

| Daniel Averbach | Luiza Vikhnovich

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Briefing Notes - Sherrard Kuzz LLP

New Restrictions on “Low-wage” Stream of Temporary Foreign Workers Program

August 28, 2024

| Sherrard Kuzz LLP

On August 26, 2024, the Government of Canada announced rule changes to the Temporary Foreign Workers (“TFW”) Program. These changes will increase restrictions on an employer hiring “low-wage” ...

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Briefing Notes - Sherrard Kuzz LLP

Whose Property Is It Anyway? Employee Not Entitled to Use of Company Car During (Disputed) Notice Period

August 18, 2024

| Jackson Lund | Jemma Lewis

In 415909 Canada Inc c.o.b. PARS 2000 v Moghadam,[1] the Ontario Superior Court of Justice held that an employee must first prove they were wrongfully dismissed and entitled to common law reasonable n...

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