PROFILE
Andrea's practice focuses on employment law. As a partner in the Labour and Employment Group, Andrea represents employers in wrongful dismissal actions and provides advice to employers in all facets of employment law including negotiating and drafting employment agreements, severance packages, confidentiality agreements, non-competition agreements, non-solicitation agreements, termination letters and human resource policies. Andrea also provides advice to employers regarding employment standards, human rights and human resource issues. Andrea frequently attends the workplace itself to provide training seminars and to conduct workplace investigations. She has significant experience in injunctive proceedings as they relate to the enforcement of restrictive covenants contained in employment contracts.
Andrea publishes a monthly newsletter entitled Employment Matters. Examples of her publications are listed in the Publications section.
Andrea is bilingual in English and French.
Publications
AUGUST 21 2021
Mandatory Vaccinations in the Workplace
One of the most common questions employers are asking at this point in time during the pandemic is this: "Can we require our employees to be vaccinated before allowing them to return to work?" The answer has been this: "it depends", followed by an explanation of human rights' considerations, privacy considerations, health and safety considerations, etc. On August 13, 2021, the federal government made an announcement that suggests the pendulum might be swinging towards a "yes" on that question. On August 17, 2021, the provincial government made an announcement that suggests the same swing.
MARCH 08 2021
Forward with Foglers: Trends and Ideas
We are pleased to introduce Forward with Foglers: Trends and Ideas, a new quarterly publication designed to share our perspectives and insights around matters that are important to our clients both inside and outside the boardroom. In honour of International Women's Day 2021 and the theme of Choose to Challenge, our first issue is focused on promoting discussions around gender.
MARCH 08 2021
Is it Time to Adjust Your Gender Lens?
In Ontario, the Human Rights Code (the "Code") prohibits discrimination on a number of grounds including sex, family status, gender identity, and gender expression. Despite these protections, we live in a world where global headlines still include "Transgender America: 30 Killed and Fatally Shot Already in 2020", "Teacher Fired over Transgender Pronoun Fight Files Suit", "Man arrested for allegedly spitting on transgender woman in subway", and "Activist who raised awareness for transphobia murdered in Toronto". These articles discussed, respectively, (i) how 2020 was the most violent year for transgender people in America over five years, (ii) the firing of a teacher who refused to use a transgender student's preferred pronoun, (iii) the story of a trans woman who was spit on, hit, and called transphobic slurs on the subway in New York City, and (iv) the murder of a trans activist in Toronto. These stories were all published between October, 2019 and October, 2020. Otherwise said, this is not "old news".
FEBRUARY 12 2021
Can I Date My Colleague?
We see hearts and roses everywhere during the month of February, especially in the weeks leading up to Valentine's Day. Given the amount of time Canadians spend at work, it is not surprising that relationships bloom in the workplace from time to time. After all, many of us spend more time with our colleagues than with our friends and family.
This begs the question: Can I date my colleague?
JANUARY 07 2021
Attention Toronto Employers
On January 4, 2021, Dr. Eileen de Villa, Medical Officer of Health, announced new measures for all employers and persons responsible for a business or organization in the City of Toronto permitted to be open under the Reopening Ontario Act. All persons responsible for a business or organization in Toronto are instructed to follow the public health measures outlined in this article.
DECEMBER 22 2020
Deemed IDEL Further Extended to July 3, 2021
IDEL is a job-protected leave under the ESA, which means that employees cannot be terminated, penalized or reprised against for requesting or taking an IDEL. The IDEL is an unpaid leave of absence.
SEPTEMBER 09 2020
Deemed IDEL Extended to January 2, 2020
The acronym "IDEL" refers to the Ontario government's Infectious Disease Emergency Leave, which was added to the Employment Standards Act (the "ESA") in March, 2020 in response to the COVID-19 pandemic. The IDEL is a job-protected leave under the ESA, which means that employees cannot be terminated, penalized or reprised against for requesting or taking an IDEL. The IDEL is an unpaid leave of absence.
JULY 14 2020
Termination Clauses Update: Your "For Cause" Provision Might Now Invalidate Your "Without Cause" Provision
A recent case from the Ontario Court of Appeal likely invalidates thousands of termination clauses across Ontario. If you are an employer using template employment agreements, you should have your templates reviewed right away. Your termination clauses may no longer be enforceable.
MARCH 04 2020
Is your Organization Ready for the Coronavirus?
On March 1, 2020, Mayor John Tory announced that Toronto Public Health was monitoring five (5) positive cases of the Coronavirus: COVID-19 in Toronto...
FEBRUARY 14 2020
Can I Date my Colleague?
We see hearts and roses everywhere during the month of February, especially in the weeks leading up to Valentine's Day. Given the amount of time Canadians spend at work, it is not surprising that relationships bloom in the workplace from time to time. After all, many of us spend more time with our colleagues than with our friends and family...
JANUARY 16 2020
Are you in Compliance with your HR Obligations Going into 2020?
The month of January is a month known for resolutions. It is the perfect time to plan for the year ahead, which means considering whether your organization is in compliance with its legal obligations as you head into 2020...
JANUARY 15 2018
Bill 148 Received Royal Assent: Significant Changes To The Employment Standards Act
On November 27, 2017, Bill 148: Fair Workplaces, Better Jobs Act, 2017, received Royal Assent. Bill 148 makes significant changes to the Employment Standards Act, 2000 (the "ESA") and the Ontario Labour Relations Act, 1995...
SEPTEMBER 28 2017
Bill 148: Proposed Changes to the Employment Standards Act
On June 1, 2017, the Ontario government introduced Bill 148: Fair Workplaces, Better Jobs Act, 2017, which proposes significant changes to the Employment Standards Act, 2000 (the "ESA") and the Ontario Labour Relations Act, 1995 ("OLRA"). On September 12, 2017, the Second Reading of the Bill commenced and the debates continue to date. Below are some of the key changes being proposed to the ESA.
SEPTEMBER 29 2016
Bonuses During the Notice Period: Case Law Update!
In December, 2015, I reported on a case called Paquette v. TeraGo Networks Inc. In that case, Mr. Justice Perell determined that Mr. Paquette was not entitled to receive his bonus during the notice period because the terms of the bonus plan clearly and unambiguously stated that employees had to be "actively employed" to receive their bonus...
AUGUST 12 2016
When Going AWOL Can Mean Job Abandonment
Employers often struggle with disability management in the workplace. They frequently walk on egg shells around sick employees, particularly when it comes to asking them for information about their illness and supporting medical documentation...
MAY 12 2016
Beware of the Fixed-Term Contract
Fixed-term contracts are employment agreements that have a start date and a fixed end date. Employers often use them when they hire employees who are essentially temporary workers.
DECEMBER 10 2015
LIMIT YOUR LIABILITY TO PAY BONUSES DURING NOTICE PERIOD
NOVEMBER 24 2015
Andrea Marsland's Employer Checklist
NOVEMBER 24 2015
Andrea Marsland Speaks on Hot Button Legal Issues for Engineers
Fogler Rubinoff LLP and CEO recently hosted a seminar to discuss Hot Button Legal Issues for Engineers. Kenneth Movat, Rudy Morrone and Andrea Marsland each discussed their area of legal expertise. Click the attached link to see Andrea's presentation.
SEPTEMBER 17 2015
Andrea Marsland Appointed to JUST Magazine Editorial Board
We congratulate Andrea Marsland on her two-year appointment to the Editorial Board of JUST magazine.
DECEMBER 18 2014
Annual Checklist 2014
SEPTEMBER 30 2014
Recent Decision on Severance Pay
JULY 31 2014
New Leaves of Absence Added to the Employment Standards Act (Bill 21)
JUNE 27 2014
Update on "Family Status"
APRIL 29 2014
Should Employers Provide References For Departing Employees?
JANUARY 31 2014
Human Rights Update
DECEMBER 17 2013
Making a List and Checking It Twice
NOVEMBER 29 2013
Holiday Parties: Understand Your Liabilities
OCTOBER 25 2013
The Non-Solicitation Clause, An Important Weapon In Your Arsenal
AUGUST 28 2013
Can Personal Facebook Posts Be Discriminatory in the Employment Context?
JULY 30 2013
No Duty to Mitigate if Employment Agreement Stipulates Fixed Notice Period
JUNE 26 2013
Random Alcohol Testing in Your Workplace
MAY 29 2013
Employers Beware of Wright v. Young and Rubicam
APRIL 01 2013
Limit Your Liability on Termination
MARCH 01 2013
Employee vs. Independent Contractor
How important is it to know the difference between an employee and an independent contractor? Individuals and organizations should have a good understanding of both, as these terms determine many aspects of a working relationship and can potentially carry significant legal consequences.
FEBRUARY 01 2013
Duty to Accommodate Childcare Needs
The Federal Court reached a decision in Johnstone v. Canada Border Services Agency, where the Tribunal held that the Canadian Border Services Agency failed to accommodate an employee's family status obligations.
JANUARY 01 2013
Employee Privacy and Work Computers
The Supreme Court of Canada recently rendered a decision in which it discussed the issue
of an employee’s expectation of privacy over the content of his work computer. In R.
v. Cole*, the accused was charged with (among other things) possession of child pornography.
The child pornography was found on his work computer.
DECEMBER 01 2012
Making A List and Checking It Twice
We tend to use the month of December as a time to reflect on our accomplishments in
the year gone by, and to plan for the year ahead. Accordingly, it is the perfect time of year
to consider whether your organization has met its legal obligations as you head into 2013.
NOVEMBER 01 2012
Advantages To Having An Employee Handbook
If your organization has more than a handful of employees, it would be prudent for you to
have an Employee Handbook that clearly spells out your workplace policies, procedures
and rules. There are significant advantages, both legally and practically, to creating and
implementing a Handbook.
OCTOBER 01 2012
Is Your Accessibility Policy In Place?
The “Accessibility for Ontarians with Disabilities Act, 2005”, Customer Service Standard
(Regulation 429/07), requires organizations who provide goods or services to the public or
other third parties to have policies and procedures in place with respect to people with
disabilities.
Practice Areas
Memberships
- Association des juristes d'expression francaise de l'Ontario
- Ontario Bar Association
- Canadian Bar Association
- Law Society of Ontario
- Advocates' Society
Education
- University of Ottawa, LL.B., 2001
- University of Western Ontario, B.A., 1998
- History and Political Science
