Achkar Law

Achkar Law Blogs

Blog Authors

Latest from Achkar Law

Although Ontario has robust human rights laws, they are not boundless. In the workplace, a worker may be able to show discrimination where a workplace requirement or factor results in unequal treatment based on certain protected characteristics. However, there are exceptions and defences that an employer can assert in response. For example, an employer is required to accommodate a worker only up to a certain point, called undue hardship. Further, Ontario’s Human Rights Code (the…
In Ontario and federal workplaces, an employee handbook can go hand in hand with an employment agreement. The employer may have certain policies that would not fit into the employment agreement or make it overly lengthy. This includes policies for, but not limited to, health and safety, workplace hazardous materials, anti-harassment and discrimination, and accessibility. Such policies are a perfect inclusion in a complimentary employee handbook. Considering the importance of employee handbooks, employers should be…
In Ontario, new parents are able to take time off work to care for a newborn or newly welcomed child. There are typically two types of leaves that employees are able to take prior to, or once their child arrives, they are (1) maternity leave (also referred to as pregnancy leave), and (2) parental leave. This article covers the difference between pregnancy and parental leave, the applicable laws that govern these unpaid leaves of absence,…
A job interview is a typical step in the recruitment process for both provincial and federal working environments in Canada. When a job applicant applies for a job, it is highly likely the company being applied to will conduct an interview if the candidate appears promising. Employers and job applicants may have questions regarding how the interview process works and what types of questions should be asked during the interview. Asking the wrong question can…
Hiring a new employee is an exciting time because of the addition of a new member with their own unique set of skills to add to the team. It can also be daunting for the new employee because of the uncertainty in starting a new role. As such, it is important for employers to have an organized onboarding process to ensure that the employee feels supported while the employer covers all its bases when hiring…
What Is Commercial Litigation? Whereas civil litigation is a legal dispute between two individuals, or an individual and a business, commercial litigation refers to legal disputes between businesses and businesses, or disputes within a business, such as shareholder disputes. Both types of litigation are similar in their progression of the litigation stages, but there are some differences when it comes to the contents of the matter. Commercial litigation deals with legal disputes where businesses are…
What Is Employment Insurance? In Canada, employment insurance (“EI”) is a program designed to financial assist individuals who have become unemployed through no fault of their own. There are several different criteria to meet to be eligible for the various programs that are available through employment insurance. The various program will be outlined below. Regular employment insurance benefits predate COVID-19 and are usually the most common form of EI used. Those who would be eligible…
When a non-unionized employee is unable to work in Ontario, either due to a need to take leave or due to a without cause dismissal, Employment Insurance acts as an income replacement for a certain period of time. The idea is that Employment Insurance will tie the employee over until they are able to return to work or until they find new employment, although it can run out before either of those take place.…
The COVID-19 pandemic has posed many challenges for employees and employers alike. With many workplaces going “remote”, some employees are weighing their options when it comes to choosing where they actually work. But can remote employees relocate without their employers’ consent? This article provides some considerations. Does the Employer Have a Work from Home Policy? When an employee is dismissed, the employment agreement and workplace policies play a crucial role in determining the termination’s validity…
Operating a small business has many challenges, from operating with small budgets to attracting new business. We often hear feedback from potential clients that they are “just a small business”, and therefore they do not require our services. But is this really the case? Small businesses and start-ups are in a position to set up the framework through which they will be operating, including the recruitment process, training, employee management, and terminations. When it comes…