Jump to content


  • Content count

  • Joined

  • Last visited

  • Days Won


Pyke last won the day on December 24 2016

Pyke had the most liked content!

Community Reputation

3387 Good People

1 Follower

About Pyke

  • Rank

Recent Profile Visitors

7235 profile views
  1. Boss Placed Me On Probation

    We don't know what's going on in the employer's business - it might well be worth keeping the person for a couple more months to see what happens, or it may also be an opportunity for Sunnyskies to find another job without having to fire them. The employer may be sending a message. Certainly, I would take it that way based on the new information. Also, I'm not sure how you would handle things is good advice... because, I think you know enough to know that your way is not the right way, and the reality is that not everyone reading your posts will know that.
  2. I've never worked the week between Christmas and New Years, because I've either (a) not worked in the city in which my family was located, or (b) not worked in an environment where it made sense to work. That said, I generally only took the three days in the middle off, and even then, I always had my cellphone and laptop with me for any work issues that might arise.
  3. Boss Placed Me On Probation

    As an aside, in Ontario, lawyers are exempted from a number of provisions in the Employment Standards Act too... see O. Reg. 285/01, which exempts lawyers from Parts VII, VIII, IX, X, and XI of the ESA... but notice and severance are set out in Part XV, and the restriction on contracting out is set out in Part III... But again, this is part of why generalities are important, the rules are going to be very specific depending on where you are, and of course, a strict reading of the rules one way or another is not going to tell you much about what to do from a practical perspective (in most cases).
  4. Boss Placed Me On Probation

    Oh, I don't disagree with you that strict assertion of and reliance upon one's legal rights is not always in one's best interest on a practical level. That's part of why I included the disclaimer. My commentary was not intended to be a direction to Sunnyskies or anyone else; it was merely about the fact that, I found it interesting that there was no discussion of that aspect of the legal issues surrounding the situation. There are other legal issues here too, some of which are being discussed, but I found that omission rather glaring. I would direct you to my initial response:
  5. Boss Placed Me On Probation

    That case really has no application to the current discussion as you note (though I agree it is interesting). People assume probation periods are automatic, they're not. There's also different laws in different jurisdictions with respect to statutory notice/severance, some of which may provide for a probation period and others may not. There's common law considerations too. Let's assume though that all of these issues are addressed, the fact scenario described is about extending the probation period by three months, or in other words, granting the employer additional contractual benefits. I'm not seeing any consideration (except continued employment, which is not valid consideration) for this change. Moreover, to the extent that the change is intended to provide the employer with the ability to terminate without cause and without notice, the amendment is likely in contravention of the relevant employment legislation. People in situations like that described would be wise to seek appropriate legal advice. Note: The above is intended as a discussion of general employment law principles. It is not legal advice and should not be applied to any specific facts. It should not be relied upon by any individual. If you need legal advice, please consult a lawyer in your jurisdiction.
  6. Boss Placed Me On Probation

    I don't have time to weigh into this right now but I'm on the side that the comments tend to be over the line, and that there is likely not a future fit between sunnyskies and the current employer. I also am reasonably confident that there's a significant misunderstanding about what probation periods are, what they get you, and what employment law is... though none of that really matters in the OPs circumstances (except the human rights issues), it's kind of sticking out like a sore thumb on a law student/lawyers forum. Beyond that, I completely disagree with pretty much everything Diplock said in his first post; which was enough to prompt me to jump in with an abbreviated post.
  7. TWU - The Big Show

    I'm not sure they could provide a secure and happy home to an LGBT child, based on the information provided in that article. The article makes it appear as though they would not support the child. Now, I'm not saying they in fact wouldn't support the child; since I suspect they would, but what you quoted doesn't tell us that.
  8. Transitioning from Gov to Firm

    I know people who have transitioned from government to private practice. I haven't asked them if they were recruited or if they wanted to make the move, but it definitely does happen.
  9. TWU - The Big Show

    http://www.scc-csc.ca/WebDocuments-DocumentsWeb/37209/FM020_Respondent_Law-Society-of-Upper-Canada.pdf Paragraph 20 (b), Page "8" of the Respondent LSUC Factum, states: 20. Consistent with its obligations to ensure non-discriminatory access to the prerequisite legal education and to the bar itself, the Law Society has determined that it is in the public interest to have a profession that is diverse and reflective of the population of Ontario. Hence: ... (b) the Law Society has imposed on its members an obligation to promote equality, to protect individuals’ dignity and to respect Ontario human rights laws; 21 and .... ----------- I knew that obligation was connected to their submissions before the SCC.
  10. 2017 Associate Salary Bump (Toronto)

    Right... you don't want to charge less for gasoline per se, but you also don't want customers to go across the street. Why else would they have invented binoculars?
  11. 2017 Associate Salary Bump (Toronto)

    Cloak and daggers!
  12. It's been a really long time since I have had to go through the process myself, but, speaking as someone who has been involved in hiring candidates for different types of positions, I can't imagine why you would think that not responding is superior to a polite, brief, response. If you don't respond, it's probably fine in 95% of cases, but it might hurt you in the other 5%. If you do respond, in a suitable manner, I am really struggling to imagine a case where that would hurt you. Just my $0.02.
  13. Vacation

    Had two weeks off. I believe I used all of my time. It was encouraged/required.
  14. Vacation

    Honestly I'm not sure it's that different for other jurisdictions, though you would need to ask lawyers from those provinces...
  15. TWU - The Big Show

    I'm looking forward to the decision which hopefully upholds the LSUC's decision.