Legally Speaking

An employment law blog for employees and employers published by Toronto employment lawyer Justin W. Anisman

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Photograph depicting sexual harassment in the workplace.

Sexual Harassment at Work

What you need to know about sexual harassment in the Ontario workplace. Advice for employees, managers and employers on their rights and obligations.

Marijuana at Work after Legalization

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The Canadian and Ontario governments have now announced the Rules and Regulations for marijuana, which is set to become legal across Canada for recreational use in October of this year. The legalization of marijuana raises many new challenges and concerns about the effect on workplace safety. Here are answers to some of the most common questions I'm asked.

Video Cameras in the Ontario Workplace

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More than ever before employers are installing cameras in the workplace. While video cameras are common place in retail stores or banks, what about in an office environment? Or in a break room? Does an employer have to tell its employees about surveillance cameras or can they be hidden?

Ontario Election 2018: Do employees get paid time off to vote?

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With the Ontario Provincial Elections around the corner, some…

Equal Pay in the Ontario Workplace

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Over the past 30 years there has been a gradual progression to…

Stealth in a Mareva Injunction: Ontario’s First Ex Parte Appeal

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This article originally appeared on The Lawyer’s Daily website…

Featured on the Front Cover of Law Times

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I am thrilled to be featured on the front page of law times along…

Who I am

Justin W. Anisman is an Employment Lawyer at the Toronto law firm Brauti Thorning Zibarras LLP. Justin advises both companies and individuals in all aspects of employment law including wrongful dismissal, human rights and discrimination.

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Public Holiday Pay: What You Need to Know

What are the statutory holidays in Ontario? Can employers force employees to work on statutory holidays? How do you calculate Holiday Pay? Answers to these questions and more.
February 24, 2018/by Justin W. Anisman

Featured on the Front Cover of Law Times

I am thrilled to be featured on the front page of law times along…
April 30, 2018/by Justin W. Anisman

How much notice/severance should I get after being fired?

"Notice" and "severance", though often used interchangeably in common parlance, mean different things. Under the Employment Standards Act, severance pay is defined and is an amount of money an employer needs to pay an employee on termination if certain conditions are met. In addition to severance, employers must give notice of termination to employees.
February 10, 2018/by Justin W. Anisman
Photograph depicting sexual harassment in the workplace.

Sexual Harassment at Work

What you need to know about sexual harassment in the Ontario workplace. Advice for employees, managers and employers on their rights and obligations.
July 31, 2018/by Justin W. Anisman

Ontario Election 2018: Do employees get paid time off to vote?

With the Ontario Provincial Elections around the corner, some…
May 25, 2018/by Justin W. Anisman

You might want to hire an employment lawyer before your next employee

A well written employment contract often conveys significant advantages to employers. The modest upfront costs of an Employment Lawyer dwarf the significant common law notice periods employers owe in the absence of an employment contract or in the presence of a poorly drafted one.
February 22, 2018/by Justin W. Anisman

Equal Pay for Part Time Work begins April 1, 2018

As of April 1, 2018, employers will be required to pay casual, temporary, part-time, and seasonal employees the same rate as permanent and full time employees so long as they perform substantially the same kind of work, in the same establishment, under similar working conditions and their performance requires substantially the same skill, effort and responsibility.
March 26, 2018/by Justin W. Anisman

I’ve been fired. Does my employer have to tell me why?

Ontario employers are under no obligation to give a reason after terminating an  employee. In fact, Ontario employers do not need a reason at all to end an employment relationship and, therefore, are not required to prove that the employee did something wrong to justify why they were fired. Instead, an employer simply must provide the employee with reasonable notice.
February 10, 2018/by Justin W. Anisman

Termination of the Employment Relationship in Ontario

The Employment Standards Act, 2000 (the “ESA”) provides the minimum standards of employment with respect to among many other things, overtime, hours of work, minimum wages, holidays, pregnancy and parental leave and termination of employment.
July 17, 2017/by Justin W. Anisman

Equal Pay in the Ontario Workplace

Over the past 30 years there has been a gradual progression to…
May 20, 2018/by Justin W. Anisman

Video Cameras in the Ontario Workplace

More than ever before employers are installing cameras in the workplace. While video cameras are common place in retail stores or banks, what about in an office environment? Or in a break room? Does an employer have to tell its employees about surveillance cameras or can they be hidden?
June 12, 2018/by Justin W. Anisman

Marijuana at Work after Legalization

The Canadian and Ontario governments have now announced the Rules and Regulations for marijuana, which is set to become legal across Canada for recreational use in October of this year. The legalization of marijuana raises many new challenges and concerns about the effect on workplace safety. Here are answers to some of the most common questions I'm asked.
June 28, 2018/by Justin W. Anisman

Important Upcoming Changes to the Ontario Workplace

On November 27, 2017, the Fair Workplaces, Better Jobs Act 2017 received royal assent and became Law in Ontario. Set out below are some of the most important changes to Ontario’s workplaces, including significant changes to minimum wage, employees rights to leave, pay equity, employers record keeping obligations and more.
November 29, 2017/by Justin W. Anisman

“My Boss Got Naked in Front of Me on a Work Trip”

While exploring one of the legal forums I frequent, a person…
April 18, 2018/by Justin W. Anisman
Limitation Period for Wrongful Dismissal Claims

How quickly must I sue after being fired?

The leading case in Ontario on the commencement of the limitation period in a wrongful dismissal action is Jones v. Friedman, 2006 CanLII 580 (ON CA) (“Jones (CA)”). Pursuant to this decision, in ordinary circumstances, a wrongful termination claim is discovered on the date the date the employee first receives notice of termination. Not the date that the employee's employment ended.
March 1, 2018/by Justin W. Anisman

What documents are helpful to my employment lawyer?

Photo identification; Employment Contract; Termination Letter; Correspondence; Record of Employment ...
February 10, 2018/by Justin W. Anisman

Stealth in a Mareva Injunction: Ontario’s First Ex Parte Appeal

This article originally appeared on The Lawyer’s Daily website…
May 4, 2018/by Justin W. Anisman
Photograph of man using the Uber App on a blue background.

Arbitration Clause in Employment Contract puts the Breaks on the Uber Class Action in Ontario

The Ontario Court has confirmed that an arbitration clause in an employment contract is generally enforceable. Much to the chagrin of Mr. Heller and his lawyers in the proposed class action brought against Uber, Justice Perell of Ontario Superior Court of Justice stayed the lawsuit against Uber. As a result, Uber drivers in Ontario that want to sue for their rights under the Employment Standards Act, 2002 will need to do so by way of Arbitration in the Netherlands.
March 13, 2018/by Justin W. Anisman