STACEY REGINALD BALL
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Stacey Reginald Ball
Toronto Employment Lawyer
Stacey Reginald Ball is a wrongful dismissal lawyer in Toronto. As an employment lawyer he is a nationally known and consulted practitioner in the area of Canadian employment law and labour law. He specializes in wrongful dismissals, and has offices in Toronto, Ontario. He is considered to be one of Canada’s best and leading lawyers in the fields of employment law and wrongful dismissal. Mr. Ball is the author of the leading treatise Canadian Employment Law. Mr. Ball has been winning counsel in many of Canada’s leading employment law cases at all levels of court, including the Supreme Court of Canada. Mr. Ball is a former employment law professor at Osgoode Hall Law School and the Faculty of Law at Western.
Stacey is a former employment law professor at both Osgoode Hall Law School and the University of Western Ontario Faculty of Law. Ball Professional Legal Corporation’s practice includes wrongful dismissal, unjust dismissal, human rights, workers’ compensation, post employment competition, restraint of trade, fiduciary obligations, labour law, sexual harassment, employment contracts and various related areas of litigation.
Toronto Wrongful Dismissal Lawyer
Have you been recently terminated from your job? You are in need of an employment lawyer in Toronto. This happens to almost everyone at some point in their lives, but that does not make it any less stressful or frustrating. It is important to contact a legal professional who can tell you whether the termination was legal or if it a case of wrongful dismissal. Wrongful dismissal can take many different forms. For example:
- If your employer terminated you without cause, and they are refusing to give you reasonable notice.
- If your employer is claiming there is just cause to fire you, but you disagree with their reasons.
- If your employer has changed some part of your job, so that you’re not even doing the work you agreed to do (see Constructive Dismissal).
Being fired is always difficult. Trust the experts at Ball Professional Corporation to protect your rights and help yourself move on to new and better opportunities.
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Types of Cases – Employment Lawyers Toronto
Unjust Dismissal
Unjust dismissal is a special remedy from the Canada Labour Code that may be available if you are both a (a) federally regulated and (b) non-unionized employee who has been improperly terminated. Common industries include airlines, banks and railways. The point is to protect you from arbitrary dismissal. Your employer either has to have a valid reason to terminate you or there must be a discontinuance of the job function.
Unjust dismissal is a powerful remedy that is not available in every situation. If you believe your employer has terminated you without good reason, don’t delay and contact Ball Professional Corporation. Our experts can advise you on whether you should proceed with adjudication under the Canada Labour Code or you should begin a wrongful dismissal lawsuit.
Just Cause For Dismissal
It is a serious situation if your employer has fired you for “just cause”. When an employer terminates an employee for “just cause”, they are claiming they have a legitimate reason to terminate them. Basically, they need to show some proof of “gross misconduct”. This is a big deal, because an employee who is legitimately fired for “just cause” is not entitled to any termination or severance pay. Common behaviors that might count as gross misconduct include theft, fraud and violence.
If you disagree with your employer’s reasons and think you are being treated unfairly, contact the professionals at Ball Professional Corporation. We can help you to challenge the termination if your work behavior did not warrant being terminated for “just cause”, the capital punishment of employment law.
Sexual Harassment
Everyone deserves a workplace free of harassment, including sexual harassment. Unfortunately, sexual harassment is still extremely common in the workplace. Sexual harassment can range from verbal comments to touching to sexual assault. If you have experienced any form of sexual harassment, you should speak to us about your options. Employers are supposed to develop policies to protect workers against sexual harassment, but oftentimes the policies are either not strong enough or they are ignored completely.
If you have experienced sexual harassment in the workplace, contact Ball Professional Corporation for assistance. We can help you file a Human Rights Complaint or pursue a civil lawsuit for a tort like assault or constructive dismissal. You have options and we can help you choose the best one that compensates you for the harassment you suffered and that lets you move forward in your job and in your life.
Termination Clauses
Employers often try to include termination clauses in your employment agreement. If a termination clause is enforceable, it will limit the amount of “reasonable notice” that you receive if you are terminated. Many employees accept these termination clauses at face value, which comes back to bite them if they are ever fired. Look out for your best interests and consult with Ball Professional Corporation before you make the same mistake!
If a termination clause is not enforceable, you may be entitled to the notice period that is calculated according to the common law. This amount is usually much higher. Whether you are signing a new contract and you want advice on the enforceability of a termination clause, or you have been terminated and you want help fighting the termination clause after the fact, we are here to help.
Reasonable Notice
In Ontario, most employees can be terminated “without cause”. This means that for some reason or another, your employer has decided to let you go. When this happens, your employee has to provide you with the appropriate amount of “notice” or “pay in lieu of notice.” For example, you could receive 4 weeks of “notice” or 4 weeks of “pay in lieu of notice”, so you don’t actually need to keep coming into work for those 4 weeks. The amount depends on many factors, and it’s important because it will also affect any “severance” that you may receive.
Everyone is entitled to the minimum notice provided by the Employment Standards Act. Knowing this, employers often try to limit the amount of reasonable notice to this minimum, so they do not need to provide the common law notice period, which can be much higher. You may be entitled to more than you are told, and we at Ball Professional Corporation can help you tell. Contact us if you are signing an employment agreement, where we can review any termination clause, or if you have been recently terminated and want to make sure you are being properly compensated.
Non-Competition / Non-Solicitation
If you are signing an employment contract, you may find that it contains a Non-Competition or Non –Solicitation clause. An employer may even want you to sign a separate Non-Competition or Non-Solicitation Agreement. This is quite common, but that doesn’t mean you should take it lightly! Non-Competition clauses or agreements prevent employees from working with an employer’s competitor for a specific period of time. In other words, it may prevent you from finding work after you have moved on. This can be a real problem that causes lots of stress, especially if you work in a specialized field with few job opportunities that are physically close to you.
Non-Solicitation clauses or agreements are similar, but they try to prevent departing employees from poaching former customers, clients, suppliers or coworkers. These types of agreements are legal if they are “reasonable”. To decide whether an agreement is reasonable, courts will consider the length of the restriction, the geographic scope and whether the restriction was even clear. Contact Ball Professional Corporation for advice if you are being asked to sign a non-competition or non-solicitation agreement. It could have a big impact on your future career prospects, so please don’t hesitate to reach out.
Constructive Dismissal
If your employer has significantly changed the terms or conditions of your job, you may have experienced a constructive dismissal. Examples of changes include change to your compensation, your title, your job duties, your office location or the hours that you work. By changing some aspect of your job, the employer has essentially terminated you.
Constructive dismissal is like a type of wrongful dismissal. You may be eligible for damages if this happened to you, or we can help to negotiate an exit package that fairly reflects your situation. Don’t delay in contacting Contact Ball Professional Corporation to help determine whether you have been constructively dismissed.
Employment litigation can be extremely complex area of labour law. Professional legal advice should be sought at an early stage to help you win your case. If you require legal advice and assistance in an employment matter, please contact the experts at Ball Professional Corporation.
CONSULTATIONS
(416) 921 7997 Ext. 225
srball@82scollard.com
Additional Articles About Employment Law
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What are the Laws for Commission Employees in Ontario?
August 7, 2023Stacey R. BallSo, you’ve been hired in a commission-based role – What are your legal rights? Commission as a form of Wage Commission is a form of compensation that is based on job performance. The Employment Standards Act (ESA) deems commissions to be a form of wage. Employers will usually provide their employees with an employment contract, such as a commission agreement that...
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Can an Employer Rescind a Job Offer?
August 4, 2023Stacey R. BallHave you been offered a job but now your employer wants to rescind that offer? – You may be entitled to financial compensation.There are several reasons why an employer would want to rescind a job offer. For instance, an employee may have been hired before a period of economic downturn, and as a result the employer no longer has...
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At-Will Employment in Canada
August 2, 2023Stacey R. BallYou’ve been hired under an at-will employment contract and you’re wondering if this is enforceable in Canada – the answer is no. What is At-Will Employment? At-will employment is a type of employment that can be terminated at any point in time without providing cause and without providing any reason or notice to the employee. At-will employment is at the will...
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Can You Get Fired for Calling In Sick?
July 31, 2023Stacey R. BallEmployees may often worry whether they can be fired for taking time off from work due to illness. The short answer is – no. Sick Leave and Statutory Provisions According to our wrongful dismissal lawyer in Toronto, An employer cannot fire an employee for taking legitimate sick days or a medical leave of absence. According to the Employment Standards Act, employees...
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Is Work Suspension Paid in Ontario?
July 28, 2023Stacey R. BallEmployees who have been suspended from their jobs may wonder whether they are entitled to financial compensation. The short answer is – it depends. Administrative Suspension & Constructive Dismissal There are two primary reasons for placing an employee on suspension. The first is an administrative suspension, which is often for investigative reasons and the second is a suspension for disciplinary...
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Progressive Discipline?
April 29, 2023Stacey R. BallWhat is it? The legal concept of progressive discipline in Ontario is a system designed to manage employee performance and behaviour in the workplace. The goal of this system is to provide a structured approach to dealing with employee misconduct while giving employees the opportunity to correct their behaviour before being subjected to more severe disciplinary measures.The concept of progressive...
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Notice of Resignation in Ontario
April 28, 2023Stacey R. BallWhen an employee decides to leave their job, it's essential to give their employer enough notice to ensure a smooth transition. In Ontario, there are specific rules and regulations regarding how much notice an employee should give their employer when quitting their job. In this blog post, we will discuss these rules and why they're essential for both employees...
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What is the Duty to Mitigate and How does...
April 22, 2023Stacey R. BallWhat is Mitigation? When an employee is terminated without cause, they have a duty to make reasonable attempts to find comparable employment in order to mitigate their losses from the dismissal. There are various legal issues and scenarios that make the duty to mitigate less clear-cut than it seems. How to Comply with the Duty to Mitigate: As stated, a terminated employee...
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Grounds for Discrimination in the Workplace
April 21, 2023Stacey R. BallWhat is Discrimination? Under the Ontario Human Rights Code, workplace discrimination is defined as any conduct or action, intentional or not, that treats someone differently or adversely because of a protected characteristic. The protected characteristics under the Code include:Race Ancestry Place of origin Colour Ethnic origin Citizenship Creed (religion) Sex (including pregnancy and gender identity) Sexual orientation Age Marital...
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Notice Award Greater than 24 Months
February 23, 2023Stacey R. BallWhen an employee is terminated without cause, they are offered a severance package. While many people believe that common law notice is generally one month per every year of service, this is not entirely accurate.In determining what the common law notice period is, a court will use, but is not necessarily limited to, the following factors:Character of the...
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Is CERB Deductible from Wrongful Dismissal Damages?
February 5, 2023Stacey R. BallTo help millions of Canadians, the Federal Government started the Canadian Emergency Response Benefit (CERB) program, which provided recipients with funding while they were unable to go back to or find new work.A portion of the CERB recipients was also terminated. When an employee is terminated and provided a severance package, there can be an obligation to find new...
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When a Non-Competition Clause is Disguised as a Non-Solicitation...
February 3, 2023Stacey R. BallIt is a commonplace for employers to include restrictive covenants in employment contracts in order to try and protect their business from future competition should the employee. Restrictive covenants are non-competition and non-solicitation clauses. These types of provisions are meant to set limitations on an employee’s ability to compete unfairly with the previous employer. What are Non-Competition and Non-Solicitation Clauses? A...
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Can an Employer Change an Employment Agreement Without Consent?
February 1, 2023Stacey R. BallWhen someone is hired, there is an agreement between the employer and the employee. This agreement sets out the terms and conditions of employment. In simple terms, it outlines the services the employee will provide the employer, and the compensation the employee will receive for providing those services.The general rule for employers changing the employment contract is if there...
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The Future of Remote Employment
January 30, 2023Stacey R. BallAs the worst of the Pandemic moves further into our rearview mirror, more employers are asking their employees to return to the office either five days a week or in a hybrid model. Who Can Work Remotely? Not all employees are capable of working from home. It will depend on the nature of the employment relationship. Some employment contracts for office...
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short-service-employees-large-severance-package
January 7, 2023Stacey R. BallEmployees terminated after being employed for a short period of time commonly believe they are entitled to a small severance package. However, this is not always the case. Under common law, individuals who are terminated without cause must be given reasonable notice or paid in lieu of notice.Determining how much severance pay one is owed depends on a number...
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How Bereavement Leave Works in Ontario
December 8, 2022Stacey R. BallAn unfortunate part of life is dealing with the passing of family members. Thankfully in Ontario, the law allows employees to take time off during that difficult time. Yet, there are limits to when an employee is entitled to bereavement leave and how much time they are eligible to be absent from work.The Employment Standards Act, 2000 (ESA) provides...
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Recording Conversations in the Workplace
November 29, 2022Stacey R. BallA common question that employees have is if they can record their conversations in the workplace. There are several reasons why one may want to create a recording. One obvious reason is trying to prove wrongdoing by a co-worker, superior or subordinate.Firstly, you can record conversations with other members of your workplace. The Criminal Code outlines that individuals can...
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Break In Service Time
November 21, 2022Stacey R. BallA common issue terminated employees have is that they may have left their employer for a period of time and then rejoined at a later date. It is very important to determine if there has been a break in service as this could drastically change termination entitlements at common law. The Ontario Court of Appeal recently dealt with this...
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New Minimum Wage Law in Ontario
November 12, 2022Stacey R. BallThe minimum wage is one of the most talked about employment laws, as it is something that overtly affects so many people in Canada. Depending on what province you are in and on your employment contracts, you may have a different minimum wage compared to Ontario (which is the focus of this post).As of October 1st, 2022, a new...
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Illegal Termination Clauses and Fixed Contracts
October 4, 2022Stacey R. BallAlmost all employment contracts include a termination clause. Yet, not all termination clauses are enforceable. The consequences of this can be severe for an employer. This is well exemplified in the 2022 Ontario Superior Court decision, Tarras v. The Municipal Infrastructure Group Ltd. Background: In late 2019, Plaintiff, Mark Andrew Tarras, agreed to a three-year, fixed-term employment contract with Defendant, The...
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Return to Office Looms – What Employers and Employees...
September 27, 2022Stacey R. BallNow that Labour Day has passed, the expectation is that more Employers will continue to request that their employees return to the office. Bay Street law firms, big banks and companies such as Apple have announced that their employees will be returning to the office in a hybrid format. While not every company will require its employees to return...
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An Employees Right to Disconnect After Working Hours
August 25, 2022Stacey R. BallA common complaint from employees (and their family and friends) is that they cannot seem to get away from work, even after they’ve left the office to go home at night. Technology has allowed many individuals to take their work home with them, which was only been exacerbated by the pandemic because so many people were, and continue to...
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Threats in the Workplace: Cause for Termination
May 26, 2022Stacey R. BallWorkplace violence, as defined under the Ontario Occupational Health and Safety Act, includes not only physical violence but also statements or behaviour that can be interpreted as threats of violence. The Act further imposes an obligation on employers to take every precaution reasonable in the circumstances for the protection of a worker. It should come as no surprise, therefore,...
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Secretly Recording Co-Workers: Just Cause for Dismissal?
May 22, 2022Stacey R. BallIn a recent decision of the British Columbia Supreme Court, Justice Branch was tasked with determining whether or not “the surreptitious recording of one’s fellow employees” could serve as a proper basis for dismissal. The Parties This case concerned the termination of Mr. Shalagin from his position as a senior financial analyst with the defendant employer, Mercer Celgar Limited Partnership (“Mercer”),...
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Unsigned Employment Contract Upheld by B.C. Court
May 21, 2022Stacey R. BallMany employees might believe that because they never physically signed their written employment agreement, it does not apply to them. A recent decision of the Supreme Court of British Columbia, however, might suggest otherwise. Here, a termination provision found within an unsigned employment contract was upheld. The Facts and Impugned Termination Provision The employee in this case had worked for the...
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Non-Compete Provision Upheld Notwithstanding Working for Workers Act, 2021
May 20, 2022Stacey R. BallIn November 2021, the Ontario government passed the Working for Workers Act, 2021, new legislation that, among other things, prohibits non-competition clauses in employment agreements. However, a recent decision of the Ontario Superior Court revealed a reluctance to apply the prohibition to non-compete clauses that already exist. Parekh et al v. Schecter et al The Facts The Plaintiffs, in this case,...
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Terminating Probationary Employees: Canada (AG) v Alexis
March 8, 2022Stacey R. BallThis decision concerns the termination of a public sector employee and the interplay between two pieces of legislation: the Federal Public Sector Labour Relations Act and the Public Service Employment Act. The legal principles discussed herein may not be relevant outside the context of a public sector employee. However, the legal principles and tests may be similar to those...
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Unfair Investigation Leads to Termination: Rejected by Courts
March 6, 2022Stacey R. BallOn March 7, 2019, Mr. Czerniawski had an argument with a co-worker. The encounter quickly became heated. Emotions were high, voices were raised and, allegedly, threats were made. Mr. Czerniawski was instructed to leave the work premises but refused to do so. Police were called and Mr. Czerniawski was escorted out of the building. He was then told not...
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Employment Contract Successfully Limits Common Law Reasonable Notice
March 5, 2022Stacey R. BallIt is well known that employment contracts of an indefinite period (i.e., not fixed term contracts) give rise to a duty wherein employers must give reasonable notice, or pay in lieu of such notice, to employees whose employment is being terminated without cause. The Employment Standards Act, 2000 provides the absolute minimum period of notice required by such a...
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Successor Employers and Reasonable Notice Periods
March 4, 2022Stacey R. BallIn the event of a termination without cause, employees are generally entitled to a reasonable notice period. The purpose, of course, is to provide dismissed employees with an opportunity to find alternative suitable employment. At common law, reasonable notice periods are calculated with reference to a number of well-known considerations, including:The character of the employment; The employee’s length...
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Arbitration: Employee Must Disclose Vaccination Status
March 3, 2022Stacey R. BallAn arbitration decision released January 12, 2022 has joined the persistently growing list of decisions upholding COVID-19 vaccination mandates, as well as the discipline contemplated for those employees who fail to meet the mandate’s requirements.In Teamsters Local Union 847 v Maple Leaf Sports and Entertainment, Arbitrator Norm Jesin was tasked with deciding whether or not the MLSE’s vaccine mandate...
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Emailing Your Lawyer from Your Work Email: Solicitor-Client Privilege
March 2, 2022Stacey R. BallIn Jean-Sébastien Leroux v. Proex Inc., 2022 ONSC 319, an employee made a mistake that no employee should make: they used their work email address to communicate with their wrongful dismissal lawyer. This is dangerous. If your employer is able to access your work email, then you run the risk of them discovering the confidential legal advice you received...
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Fixed Term Contracts as a Form of Reasonable Notice
March 1, 2022Stacey R. BallWhen considering the duration of an employment relationship, there are two primary options: either the employment period is for a fixed term, meaning the parties agree that the relationship lasts only until a specified date, or the employment period is indefinite, meaning it continues until it is terminated, for example, by the employee resigning or being fired.The distinction is...
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Abandonment or Termination: Wong v Polynova Industries Inc.
February 6, 2022Stacey R. BallDid the employee abandon their employment, or was their employment terminated by the employer? That was an essential question in the recent British Columbia Supreme Court decision, Wong v Polynova Industries Inc. We canvassed job abandonment in an earlier blog post, and revisit it today for the purpose of discussing this case. Mr. Wong’s Absence This case concerned Mr. Wong, a...
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“Saving Clause” Does Not Save Illegal Contract
February 2, 2022Stacey R. BallA recent decision of the Ontario Superior Court, Campbell-Givons v. Humber River Hospital, like many others over the past year, involved an employee who had been fired pursuant to a “just cause” termination provision. As we have seen, employment contracts that allow for the termination of employees for “just cause” have frequently been found unenforceable (although not always) for...
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Fiduciary Employees: Impact Security Group Inc. v. Brown
January 31, 2022Stacey R. BallIn Canadian employment law, not all employees or dependent contractors are alike. Some, by virtue of their high position with the employer's organizational hierarchy, are a type of employee that owe greater obligations to their employer than other employees. These are fiduciary employees, and they owe fiduciary obligations to their employers that go above and beyond what is typically...
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New CIRB Decision Comments on Manager Exception to Unjust...
January 27, 2022Stacey R. BallThe Canadian Industrial Relations Board has released new decisions concerning the “managerial exception” found in section 167(3) of the Canada Labour Code – a provision which excludes “Managers” from the Code’s unjust dismissal regime. This decision follows the Board’s decision in Saunders v WestJet, which was the focus of an earlier blog post concerning the managerial exception.This blog post...
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Age Isn’t Everything: 61-Year-Old Gets 2 Months Notice
January 23, 2022Stacey R. BallWe often think of an employee’s old age as being a very commanding consideration in the determination of reasonable notice periods. After all, it is often more difficult for older employees to find new work, not to mention the stress of having to start over somewhere new late in one’s life. However, in Flack v. Whiteoak Ford Lincoln Sales...
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Strong Start to 2022 for COVID-19 Vaccine-Related Terminations
January 19, 2022Stacey R. BallThroughout the previous year, we have seen many workplaces adopt controversial COVID-19 vaccine mandates. To some, it is a necessary measure to protect the workforce and the Canadian public at large. To others, it is a violation of bodily autonomy and human rights. Given this divide, it is unsurprising that many individuals have refused to become vaccinated notwithstanding the...
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Sokoloff Lawyers Successful Injunction Against Former Employee
January 11, 2022Stacey R. BallIn a recent decision of the Ontario Superior Court, popular personal injury law firm Sokoloff Lawyers won an injunction against six former employees who had been working out of the firm’s Brampton office. Notably, Savannah Chorney, the leading lawyer at the Brampton office, had plans to start her own firm and intended to work out of the very same...
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Constructive Dismissal Resulting in High Damage Award Upheld by...
January 9, 2022Stacey R. BallMcGuinty v. 1845035 Ontario Inc. (McGuinty Funeral Home) is a case unlike many others, in the sense that it involved a particularly large award of wrongful dismissal damages: $1,274,173.83. There are not many scenarios in the context of employment law which could support such an immense award of damages. So alarmingly high was the award that the defendants actually...
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Three Days of Work, Three Months of Pay: Dalton...
January 7, 2022Stacey R. BallEmployers should expect to provide some compensation to employees they terminate without cause. The amount of compensation depends on a number of factors, such as the nature of the employment, the availability of similar employment, the age of the employee, and the amount of time the employee spent working for the employer. These factors are not always given equal...
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What Makes a Manager? Saunders v WestJet, an Alberta...
January 5, 2022Stacey R. BallMs. Saunders was an agency sales representative with WestJet, her employer. She was terminated from this position on July 29, 2019. Following her termination, Ms. Saunders filed a complaint of unjust dismissal under section 240(1) of the Canada Labour Code (the “Code”). A finding that Ms. Saunders was unjustly dismissed under the Code would entitle her to reinstatement with...
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CERB Continuing to be Deducted from Wrongful Dismissal Damages...
January 3, 2022Stacey R. BallI wrote a blog post this past August discussing the potential impact of Canada Emergency Response Benefit (CERB) payments on wrongful dismissal damages. We looked specifically at the British Columbia Supreme Court’s decision in Hogan v 1187938 B.C. Ltd (“Hogan”), where Justice Gerow decided that CERB payments were deductible from wrongful dismissal damages. The rationale was that allowing the...
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The Necessity of Consideration – Matijczak v. Homewood Health...
January 1, 2022Stacey R. BallThis recent decision of the British Columbia Supreme Court touches on a fundamental principle of contract law: that a contract is not enforceable unless consideration (i.e. something of value, including promises to do something) has been given in exchange. Where there is an agreement between two parties and one of those parties is offering nothing to the other, then...
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More Evidence that COVID-19 Can Increase Notice Periods
December 30, 2021Stacey R. BallNot long ago, the Ontario decision Kraft v. Firepower Financial Corp. demonstrated the willingness of courts to award higher notice periods to employees who demonstrated clear mitigation efforts in spite of the many difficulties stemming from the COVID-19 pandemic and its crippling effects on the job market. Lest we began to believe such a holding was an anomaly, the...
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TTC Union Loses at Court: No Injunction for Vaccine...
December 28, 2021Stacey R. BallOn September 7th, 2021, the Toronto Transit Commission announced its mandatory vaccination policy. According to this policy, employees or dependent contractor who have not had their COVID-19 vaccine would be placed on unpaid leave beginning November 21st. Those who remained unvaccinated would then be terminated with cause (i.e., without any severance pay) on December 31st. Unsurprisingly, not everybody at the TTC...
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Mandatory Vaccination Policy Found Unreasonable in Arbitration
December 26, 2021Stacey R. BallIn early November, 2021, Arbitrator John Stout was tasked with deciding whether or not the mandatory vaccination policy introduced by the Electrical Safety Authority (“ESA”) was reasonable. This is currently a very hot issue, as many employees throughout Ontario are finding their employment jeopardized as a consequence of workplace vaccine mandates.The ESA has a reputation as a safety organization....
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British Columbia to Give Workers Five Days of Paid...
December 24, 2021Stacey R. BallIt was recently announced that, as of January 1st, 2022, British Columbia will be the first and only province in Canada to provide all their workers (even those working part-time) with five days of paid sick leave each year. The change was announced by Labour Minister Harry Bains at a press conference on November 24th, 2021. It will be...
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The Consequence of Failing to Mitigate, Even During the...
December 17, 2021Stacey R. BallThe Consequence of Failing to Mitigate, Even During the COVID-19 Pandemic In recent Ontario decisions, terminated employees have been awarded higher notice periods due to, in part, their clear efforts to mitigate their damages in light of the COVID-19 pandemic and the demonstrated difficulty it has created in the context of job searching. In doing so, Ontario courts have recognized...
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Currie v. Nylene Canada Inc. : Reasonable Notice Beyond...
December 15, 2021Stacey R. BallCurrie v. Nylene Canada Inc. : Reasonable Notice Beyond 24 Months It is generally understood in the world of employment law that 24 months marks the theoretical ceiling in computing reasonable notice of termination. Only very rarely will that ceiling be broken. According to the Ontario Court of Appeal in Dawe v. The Equitable Life Insurance Company of Canada, a...
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No Injunction to Prevent Dismissal in Mandatory Vaccine Case
December 13, 2021Stacey R. BallNo Injunction to Prevent Dismissal in Mandatory Vaccine Case In the first of inevitably many Ontario court proceedings concerning the implementation of mandatory COVID-19 policies in hospitals, the Ontario Superior Court of Justice dissolved an interim injunction to stay the termination of employees who refused to get their vaccines. This decision is particularly important for unionized employees who may hope...
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The Right to Disconnect: New Ontario Legislation
December 10, 2021Stacey R. BallThe Right to Disconnect: New Ontario Legislation Ontario has recently proposed new legislation aimed towards giving workers the “right to disconnect” from work. The new legislation will require employers with 25 or more employees to implement written policies pertaining to disconnecting from work. According to the legislation, “disconnecting from work” means: “not engaging in work-related communications, including emails, telephone calls,...
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Apology, No Job – A Serious Approach to Sexual...
December 7, 2021Stacey R. BallNo Apology, No Job – A Serious Approach to Sexual Harassment at Work The Ontario Court of Appeal recently upheld the termination of an employee for refusing to accept responsibility and to apologize for conduct that, following an internal investigation, was found to constitute sexual harassment. In so doing, the Court has reminded us all that sexual harassment at work...
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Old Age: Reasonable Notice and Mitigation in Hettrick v....
December 3, 2021Stacey R. BallMs. Beverley Hettrick was hired by her employer in 1996. She worked as a receptionist, bookkeeper and office manager and earned approximately $44,200 per annum and received an annual bonus of $2,600.In September 2015, Ms. Hettrick began a stress-related medical leave. She had a doctor’s note identifying her as being “not presently well enough to return to work”, and...
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Reasonable Notice: Length of Service Does Not Require Mathematical...
December 1, 2021Stacey R. BallReasonable Notice: Length of Service Does Not Require Mathematical Certainty In determining reasonable notice of termination periods, courts today continue to be guided by the seminal decision Bardal v. Globe & Mail Ltd. and in particular the following passage:“The reasonableness of the notice must be decided with reference to each particular case, having regard to the 'character of the employment,...
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Labour Arbitrator Has Exclusive Jurisdiction Even Over Human Rights...
November 29, 2021Stacey R. BallLabour Arbitrator Has Exclusive Jurisdiction Even Over Human Rights Complaints A recent decision of the Supreme Court of Canada found a human rights adjudicator did not have jurisdiction to decide the workplace discrimination complaint of a unionized healthcare aide. Rather, that jurisdiction rested solely with the labour arbitrator appointed under the collective agreement and empowered by provincial legislation, unless otherwise...
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“Just Cause” Termination Provision Upheld: A Temporary Win for...
October 13, 2021Stacey R. Ball“CannonDesign maintains the right to terminate your employment at any time and without notice or payment in lieu thereof, if you engage in conduct that constitutes just cause for summary dismissal.” In Rahman v Cannon Design Architecture, Justice Dunphy was tasked with deciding whether the above termination provision was legal. At issue was the use of the phrase “just cause...
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Reference Letters and Employer Risk
October 8, 2021Stacey R. BallIt is common for those who are leaving their jobs and seeking new employment to ask their former employer to provide a reference letter. Ideally, these letters will set out their strengths, qualifications and experience in the former position to make it easier for that person to secure new employment. However, not everyone gets the reference letter they want....
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Workplace Investigations Prior to Dismissal
October 1, 2021Stacey R. BallAt common law, employers do not have a duty to investigate allegations of misconduct prior to dismissing an employee. However, having no duty to conduct investigations at common law does not necessarily mean that courts do not want to see those investigations taking place. In fact, if an employer is required to establish just cause for dismissing an employee,...
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An Employer's Failure to Act in "Good Faith" May...
October 1, 2021Stacey R. BallAn employee who is terminated without cause from their job is generally entitled to receive either reasonable working notice or pay in lieu of notice. Often, employment agreements will contain provisions specifying exactly how much notice or pay is required. These are important provisions for employers as, without these provisions, they may be obligated to pay very high compensation...
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Is it Possible to Work Without an Employment Contract...
September 29, 2021Stacey R. BallYou do not need to sign an employment contract in order to work in Ontario. However, it is also not possible to be working in Ontario without a contract. This is because it is impossible to be in an employment relationship without also being in a contractual relationship. In Ontario, a contractual relationship exists the moment an employment relationship...
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Employment Abandonment
September 29, 2021Stacey R. BallAbandonment occurs where the words or actions of an employee, viewed objectively, would lead a reasonable person to conclude that the employee had abandoned the contract of employment. Job abandonment reveals the intention of the employee to no longer be bound by the employment contract and consequently results in that contract being repudiated. Once the employee abandons the employment...
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When Can An Employee Rescind Their Resignation?
September 1, 2021Stacey R. BallIdeally, you would never resign from a job unless you were absolutely sure that you wanted to. But mistakes happen. Is it possible to “take back” (or rescind) your resignation after it has already been given? Submitting a Valid Resignation In order for this issue to even arise, you must have submitted a resignation. However, a resignation must meet certain requirements...
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Fired While Pregnant – How Much Notice?
August 28, 2021Stacey R. BallIt is hard to imagine a time where a steady income is more important than when you are bringing a child into the world. Being fired is already a stressful experience. Being fired while pregnant makes everything much, much worse.Thankfully, it appears Ontario Courts are aware of this. In a recent decision, discussed below, the Ontario Superior Court of...
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The Importance of Language in Employment Contracts: Termination Clauses
August 27, 2021Stacey R. BallEmployment contracts are complicated documents. They need to be just right. Any mistake, however small, could potentially be catastrophic. Entering the wrong words, even so much as two, can have serious consequences. In Lamontagne v. J.L. Richards Associates Ltd., 2021 ONSC 2133, a recent Ontario decision, this is exactly what happened. At issue in this case was the enforceability...
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Who Is Eligible For Pregnancy / Parental Leave in...
August 12, 2021Stacey R. BallPregnancy Leave and Parental Leave In Ontario, pregnancy leave (i.e., maternity leave) and parental leave are governed by the Employment Standards Act (“ESA”), which establishes minimum employment requirements or standards that all employers must comply with. Under the ESA, pregnant employees have the right to take up to 17 weeks of unpaid time off work. This is known as a...
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Employment Insurance and Without Cause Termination
August 11, 2021Stacey R. BallIf you have been terminated without cause, you will be eligible to collect Employment Insurance (“EI”). If you were terminated for cause, you will not be eligible for EI. Without cause termination occurs where your employer terminates you without you having done anything seriously wrong to warrant the termination. The very purpose of EI is to provide temporary income...
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Are Work Hours Regulated in Ontario?
August 10, 2021Stacey R. BallHow many hours per week can your employer expect or require you to work? How many hours per day? These are questions anyone who works long hours will inevitably ask themselves. Fortunately, work hours are indeed regulated in Ontario and there are maximum amounts of hours per week and per day that an employee can be required to work....
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Long Term Disability Claim Denials For Covid-19 Long-Haulers
April 21, 2021Stacey R. BallWith the rampant growth of the Covid-19 cases, there are more and more employees who have unfortunately contracted the virus and thus had to take medical leaves from their work.For some people, the Covid-19 symptoms can last for weeks or even months. This condition can affect any one regardless of age or health conditions. Research shows that an estimate...
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What You Need to Know About a Fixed-Term Employment...
April 5, 2021Stacey R. BallIn this blog, we will explore some common issues that a fix-term contract employee may have in their employment relationship. Fixed Term vs. Indefinite Term Whether a contract of employment is of a fixed or indefinite duration will often be a significant finding.For the indefinite term contracts, the employment relationship is one of continuous service, which is intended to last for...
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Changes in the Employment Law Due to Covid-19: What...
April 2, 2021Stacey R. BallEmployees are facing new challenges in their workplace due to the Covid-19 pandemic. In this blog, we would like to answer some common questions that employees often raise in connection to their employment. Q: Can my employer lay me off temporarily due to the Covid-19? You could be temporarily laid off by your employer only if the employment contract has specifically...
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How COVID-19 Impacted Employment Insurance in Ontario
November 11, 2020Stacey R. BallCOVID-19 has brought about significant impact on Canadian economy and therefore resulted in considerable instability in the labour market, and many employees are at risk of dismissal. It is thus important for employees to understand how Employment Insurance (EI) has been affected and what benefits are available to them. As of September 27, 2020, there are some temporary changes...
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Termination Lawyer Toronto
September 2, 2020Stacey R. BallAn employer does not need a good reason, or any reason at all, to terminate an employment relationship. However, the obligations of the employer and what is owed to the employee after termination depends on whether an employee was terminated “with cause” or “without cause.”
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Termination for Poor Performance
January 21, 2020Stacey R. BallGuide on How to Terminate an Employee for Poor Performance Under the Canadian jurisprudence, the threshold of terminating an employee for just cause due to their poor performance is extremely high. This often results in an unfortunate position for some employers where they fail to establish just cause for termination. They not only have to pay severance packages to the...
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HOW TO RESTRICT A DEPARTING EMPLOYEE FROM TAKING CLIENTS...
January 21, 2020Stacey R. BallTaking Clients From Former Employers A common issue when employees leave a company for a competitor or start their own business is whether they can take clients with them. Soliciting clients from one’s former organization can be highly irritating to the employer.Fortunately for former employers, provisions in the employment contract can prohibit the solicitation of clients should the employee move...
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Bringing Claims After An Executed Release
January 17, 2020Stacey R. BallAfter a termination has occurred, employers are quick to offer their dismissed employees a full and final release to be signed whereby the terminated employees agrees to accept the terms of the release and withdraws the right to bring any further action against the employer. Employers after receiving these executed releases will remain content for approximately two years that...
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Bonus Payments During Notice Periods
January 15, 2020Stacey R. BallIn the case of Singer v. Nordstrong Equipment Limited, 2017 ONSC 5906, the court held that while the Plaintiff was able to receive payment of his bonus up to the termination date, he was ineligible for bonus for the 17-month common law notice period. The Plaintiff appealed the denial of his claim for bonus for the 17-month notice period...
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No Interruption in Employee’s Length of Service Despite “New”...
January 15, 2020Stacey R. BallThe Ontario Court of Appeal released its decision and confirmed that courts will overlook the differing corporate structures utilized by companies to skirt around an employee’s length of service and continuity in employment. Call Employment contracts lawyer for consultation. Facts In Theberge-Lindsay v. 3385022 Canada Inc. (Kutcher Dentistry Professional Corporation), 2019 ONCA 469, a dental hygienist was employed with the defendant for...
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Absenteeism and Lateness in the Workplace
January 13, 2020Stacey R. BallThis article will explore what constitutes workplace discrimination, the relevant human rights legislation, the prohibited grounds of discrimination, the legal test for establishing a “prima facie” case for discrimination and some defences that are available for respondents.
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Workplace Sexual Harassment
January 6, 2020Stacey R. BallThis article will explore what constitutes workplace discrimination, the relevant human rights legislation, the prohibited grounds of discrimination, the legal test for establishing a “prima facie” case for discrimination and some defences that are available for respondents.
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Remedies Available in Human Rights Claims
January 4, 2020Stacey R. BallThis article will explore what constitutes workplace discrimination, the relevant human rights legislation, the prohibited grounds of discrimination, the legal test for establishing a “prima facie” case for discrimination and some defences that are available for respondents.
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Probationary Period Rights in Ontario
January 2, 2020Stacey R. BallThis article will explore what constitutes workplace discrimination, the relevant human rights legislation, the prohibited grounds of discrimination, the legal test for establishing a “prima facie” case for discrimination and some defences that are available for respondents.
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Human Rights and Discrimination in Employment Law
December 5, 2019Stacey R. BallThis article will explore what constitutes workplace discrimination, the relevant human rights legislation, the prohibited grounds of discrimination, the legal test for establishing a “prima facie” case for discrimination and some defences that are available for respondents.
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Defamation in the Workplace
December 4, 2019Stacey R. BallDefamation, as a legal concept, requires three things to be established on a balance of probabilities before a comment is considered defamatory.
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Duty to Accommodate in Employment Law and Undue Hardship
December 4, 2019Stacey R. BallEmployers have a duty to accommodate their employees. In Ontario there is legislative recognition of this duty under s.11(2), 17(2) and 24(2). The duty as stated in the Syndicat case is intended to “ensure that an employee who is able to work can do so”
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Katz et al v Clarke: The Duty to Accommodate,...
November 15, 2019Stacey R. BallThe Ontario Divisional Court has upheld that the employer may terminate an employee with a disability when there is undisputed medical evidence that an employee will be unable to fulfill the essential obligations of the employment relationship for the foreseeable future and there are no accommodations that would allow the employee to work.
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New Law About Overtime Pay
September 30, 2019Stacey R. BallBill 66 is a new bill in Ontario that will have very real consequences for employees. In particular, there are changes to overtime pay and the number of hours you can work per week. If you have any questions regarding new law contact Stacey R. Ball - Employment Lawyer in Toronto today. A bit of background The official name of Bill...
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Sexual Harassment
September 13, 2019Stacey R. BallSexual harassment is an unfortunately reality in today’s society, and workplaces are not immune. However, everyone has the right to work without being sexually harassed, and there are laws in place in Ontario to help protect this right.Ontario’s human rights legislation is the Ontario Human Rights Code, and just like federal legislation, it exists in part to prevent sexual...
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Largest Monetary Award for Constructively Dismissed Employee
September 12, 2019Stacey R. BallThe Superior Court of Justice awarded $1.3 million to a constructively dismissed employee who was on a fixed-term contract. This was one of the largest damages awards given in Canadian employment law. In cases like these only experienced employment lawyer like Stacey Ball can help.Grant McGuinty (plaintiff) was the owner of a successful funeral home that he sold to...
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Entitlement to a Pro-Rated Bonus
September 12, 2019Stacey R. BallIn the recent case Andros v Colliers Macaulay Nicolls Inc., 2019 ONCA 679, the Ontario Court of Appeal discusses entitlement to damages in relation to bonuses. Specifically, it assessed the situation in which an employee works during, or has a notice period that goes into, the time period in which a bonus is earned, but where the bonus becomes...
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Andros v Colliers Macaulay Nicolls Inc., 2019 ONCA 679:...
September 10, 2019Stacey R. BallIn Andros, the Ontario Court of Appeal discussed the interpretation of a termination clause. There were discussions regarding ambiguity within the termination clause, incorporating Ontario’s Employment Standards Act (ESA) through silence, and interpreting the termination clause as a whole. Importantly, the decision in this case reinforces the principle that the entire termination clause is void if there is a...
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Confidentiality Provisions in Settlement Agreements
September 10, 2019Stacey R. BallSettlement privilege applies during settlement negotiations and could potentially extend to completed settlement agreements (Sable Offshore Energy Inc. v Ameron International Corp., 2013 SCC 37). However, including a confidentiality provision in a settlement agreement is preferable to relying on settlement provision due to the certainty and specificity that a properly formulated confidentiality provision will provide. The confidentiality provision can...
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“Equal Pay for Equal Work” in Ontario
September 7, 2019Stacey R. BallYou may have heard the phrase “equal pay for equal work”. In Ontario, this means that an employer cannot pay one employee less than another on the basis of sex when three conditions are met:(1) They are performing substantially the same kind of work in the same establishment,(2) The work requires basically the same skill, effort and responsibility, and(3)...
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Terminated for Just Cause
September 5, 2019Stacey R. BallIn Ontario, an employer can terminate an employee for “just cause”, meaning they have a legitimate reason to dismiss them and the employee will not receive any termination or severance pay as a result. This is a high bar in Canadian employment law. In fact, dismissal for “just cause” has been called the capital punishment of employment law. Typically,...
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Keenan v. Canac
September 3, 2019Stacey R. BallThe ONCA dismissed the appeal of the Appellant (Defendant) in the case of Keenan v. Canac Kitchens, 2016 ONCA 79.The case surrounded the dismissal of two long-term and senior employees who had been dismissed after approximately 32 years of service for Lawrence Keenan and after 25 years of service for Marilyn Keenan. On termination, no pay, notice or statutory...
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Independent Contractor v. Employee
August 31, 2019Stacey R. BallWhat’s the Difference? Businesses use a variety of different workers for varying purposes. Employees may be hired for indefinite or fixed term employment and consultants or independent contractors can be retained to provide services on a project basis without ever becoming employees. There are differences between the two categories and each poses their own legal implications in the event of...
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Can An Employee Be Incorporated?
August 29, 2019Stacey R. BallWhat is a Personal Services Business? A person services business (PSB) is a business operating as a corporation that provides services to other entities in which an employee or officer of that entity may traditionally perform. In lay-mans terms, it is an incorporated employee and for some employees, incorporation may prove beneficial.The CRA has clearly set out what type of...
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Dependent Contractor v. Employees
August 27, 2019Stacey R. BallWhat is a Dependent Contractor? A workers relationship generally falls into one of three classifications: employee, dependent contractor or independent contractor. Dependent contractors are seen as the in-between category of workers—basically if one is held to be a contractor and not an employee at first instances, the legal test will assess whether the worker is an independent or dependent contractor.The...
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How to Contest a Wrongful Dismissal
August 25, 2019Stacey R. BallEmployers in Canada are bound under both federal and provincial legislation to provide reasonable notice or pay in lieu of notice to their employees for termination where there is no just cause for dismissal. From the time you sign your employment agreement until the time you are terminated, it is important that employees be aware of their rights under...
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Review of most recent updates to Labour and Employment...
July 18, 2019Stacey R. BallBill 66 is a new bill that was introduced in Ontario on December 6, 2018. Its official name is the “Restoring Ontario’s Competitiveness Act, 2018.” The bill, introduced by the Ford government, involved changes to the Employment Standards Act and the Labour Relations Act that would have a real impact on Ontario employers and employees.As the name suggests, the...
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Employment status: difference between EMPLOYEE and CONTRACTOR
July 11, 2019Stacey R. BallIf you have recently been terminated from your job, there is no doubt you will have questions. For example, you may want to know about reasonable notice or what other rights you are entitled to.What you may not know is that the answers will vary depending on your employment status: are you an employee, a dependent contractor or an...
Mr. Ball is Author of a Leading Treatise in the Area Canadian Employment and Labour Law
Published by Canada Law Book, he is routinely contacted by lawyers, employers and employees across Canada for advice in the area of employment and labour law. His work has often been favourably quoted and cited by superior courts in every province and the Supreme Court of Canada. Stacey Ball has extensive experience in the areas of wrongful dismissal, human rights, restraint of trade and post employment competition, sexual harassment, fiduciary responsibilities, defamation, workers’ compensation, employment contracts, injunctions, and appellate advocacy.
Mr. Ball has appeared before courts and tribunals including Supreme Court of Canada on employment law issues. In these cases, he has successfully dealt with issues concerning human rights (including sexual harassment), employment standards, workers’ compensation, unemployment insurance, and labour relations.
Learn about Mr. Ball’s professional recognition and hear what his clients have to say!
Canadian Employment Law
Mr. Ball is author of the authoritative and definitive text Canadian Employment Law - published by Canada Law Book (a division of Thomson Reuters). The text is used and cited by lawyers, law schools and judges across Canada.
To order Mr. Ball's Canadian Employment Law please visit the Carswell Store by clicking here or on the button below.
EMPLOYMENT AND LABOUR LAWYER CONSULTATION
A significant part of our practice is dedicated to meeting with clients to determine rights and remedies that they may have in the employment law context. We endeavour to meet you in a timely and prompt manner to assist you with your concerns. A consultation may be useful in a number of instances:
1. Has the Employer offered you a sufficient termination package? Given our expertise we can tell you accurately and in a forthright manner whether the package being offered is fair. Entire sections of Stacey Reginald Ball‘s text Canadian Employment Law deal with indicia and criteria the Court uses to assess reasonable notice at common law.
2. Is there just cause for dismissal? Our firm can tell you accurately if the employer had sufficient reason to terminate you without proper notice or severance. Was there sufficient insubordination or insolence to justify cause for dismissal? Did the employee receive sufficient and adequate warnings? Was there a conflict great enough to warrant dismissal? Was the employee’s absenteeism sufficient to warrant
summary dismissal? Was the employee allowed to make plans to compete as opposed to actively competing while working for the employer?
3. Whether there was cause for summary dismissal is nuanced, and the Court requires a contextual approach. We can advise you accurately of the factors that the Court has considered in the past in determining whether or not there was sufficient cause to warrant summary dismissal.
4. What steps can you and should you take before leaving your employer? How much notice are you required in law to give to the employer? Are you allowed to take steps to compete? What documents belong to the employer and what documents made in the workplace belong to you?
5. Is the restrictive covenant and non-competition agreement you signed enforceable? Are you a fiduciary and hence have limitations in what you can do in post-employment competition? Has your former employer threatened you with legal proceedings or an injunction for post-employment competition or activities?
6. Has your employer changed your job, job functions, duties, pay or title? Has the employer engaged in unfair and abusive conduct against you making the workplace intolerable? Are you being micro
managed? Are you receiving false and unfair criticism? If so, you may be being constructively
dismissed. Ball Professional Corporation routinely negotiates and if necessary prosecutes constructive dismissal claims.
7. Do you wish to leave employment because of the employer’s conduct (misconduct), changes in the employment relationship or the creation of intolerable conditions? If so, we may able to assist in negotiating a separation package.
8. Are you facing workplace harassment, sexual harassment or being discriminated against contrary to human rights legislation and occupational health and safety workplace harassment legislation?
9. Is your Union representing you fairly and properly pursuant to their obligation of fair representation under labour legislation?
10. Are you a federal jurisdiction employee (e.g. Bank, Railway, Airline, Broadcasting, Telecom, etc.), hence entitled to re-instatement with back pay under the Canada Labour Code?
11. Do you anticipate problems with the employer? If so, we can advise on steps and counter measures you can take in order to either preserve your job or obtain a fair resolution?
WE ARE HERE TO HELP
Wrongful Dismissal
Remedies for constructive dismissal are similar to those found in a wrongful dismissal suit.
Human Rights
Prohibits discrimination on the basis of sex, gender, age, national origin, sexual orientation, and medical handicaps (conditions).
Sexual Harassment
The existence of sexual harassment in the workplace is still quite common despite social unacceptability.
Bad Faith Discharge
Employers are obligated by law to treat their employees fairly and to act in good faith.
Severance Package
“Severance” at common law is tied to the amount of termination notice an employee should be given.
Constructive Dismissal
Situations where an employee has not been dismissed but their employment has changed significantly..
Meet Our Team
Stacey Reginald Ball
Rebecca Carty
Yasamin Pouragheli
Jennifer Tattrie
