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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.

More about Ed Canning

Blog Posts

Workplace sexual harrassment not tolerated at companies of any size.

Fresh out of high school, at the age of 18, Rebecca landed a job selling cell phones at a small store.  Some days she worked alone. Other days the store owner would work with her and occasionally his wife would be there.
 

Employers should think twice before offering an alternative position instead of terminating an employee.

Most often when a workplace is being reorganized and a position eliminated, the person filling that role is simply terminated. Sometimes, however, there is a twist.

When a union member has the right to hire a lawyer.

Question: I worked in a large food processing plant for eight years before I was terminated. As a result of a degenerative back condition, my doctor limited how much weight I could lift at any given time.

Employment Standards Act set rules for employee deductions.

QUESTION:  For the third time in two years, one of my drivers has been in a fender bender that was his fault.  This is significantly affecting my insurance and deductibles. Can I deduct the increased costs from his pay cheque?
 

Employers' vacation time policies.

QUESTION: I employ about 20 people in my small company. Things are going fairly well and as a result I have recently learned that I have five employees who did not take all of their paid vacation for the last few years. Perhaps I should have, but I did not know this was happening. I realize I have to pay out what they accumulated but how do I control this in the future?

 

Accessing severence from an employer in creditor protection.

QUESTION: I worked for a large local employer for 36 years. Two weeks ago I was told that my employment was over. I was given my outstanding wages and vacation pay and nothing more. The company is in creditor protection right now. Is there anything I can do to get a severance package?

Employers duty to accommodate employees.

Sadly, it is not unusual for employers to discriminate against disabled employees or fail to accommodate them in the workplace. Many employers simply do not understand the obligations imposed by the Ontario Human Rights Code. Even if they know they are violating the Code, most are clever enough not to be overt about the discrimination. But there are always exceptions.
 

If you are not in a union you don't need to be given a reason for your termination.

“They did not even give me a reason for my termination!” That is the most common complaint I hear from the recently dismissed.

Termination dates and Employment Standards Act.

I’ve been working as an Accounts Receivables Clerk for a company that has about 150 employees in Ontario for just over 10 years. The head office is in Arizona. It has been announced that the finance department in which I work is having all its functions transferred to head office down there. No definitive date has been given other than it is likely to happen some time this year. I have been asking for a letter confirming this and information about my termination package with no response. What should I do?

Disability vs. Dishonesty

Employers should always consider the possibility that an employee’s workplace performance issues may be related to a disability such as addiction or mental health issues.