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Nepotism in the Workplace
A controversial subject in the workplace is nepotism. This article from our wrongful dismissal lawyer in Toronto will answer some...
Read MoreNotice Award Greater than 24 Months
When an employee is terminated without cause, they are offered a severance package. While many people believe that common law...
Read MoreIs CERB Deductible from Wrongful Dismissal Damages?
To help millions of Canadians, the Federal Government started the Canadian Emergency Response Benefit (CERB) program, which provided recipients with...
Read MoreWhen a Non-Competition Clause is Disguised as a Non-Solicitation Clause
It is a commonplace for employers to include restrictive covenants in employment contracts in order to try and protect their...
Read MoreCan an Employer Change an Employment Agreement Without Consent?
When someone is hired, there is an agreement between the employer and the employee. This agreement sets out the terms...
Read MoreThe Future of Remote Employment
As the worst of the Pandemic moves further into our rearview mirror, more employers are asking their employees to...
Read Moreshort-service-employees-large-severance-package
Employees terminated after being employed for a short period of time commonly believe they are entitled to a small severance...
Read MoreOntario Electronic Monitoring Policy Requirement
As of October 11, 2022, all employers in Ontario with 25 or more employees must now have a written policy...
Read MoreHow Bereavement Leave Works in Ontario
An unfortunate part of life is dealing with the passing of family members. Thankfully in Ontario, the law allows employees...
Read MoreRecording Conversations in the Workplace
A common question that employees have is if they can record their conversations in the workplace. There are several reasons...
Read MoreBreak In Service Time
A common issue terminated employees have is that they may have left their employer for a period of time and...
Read MoreNew Minimum Wage Law in Ontario
The minimum wage is one of the most talked about employment laws, as it is something that overtly affects so...
Read MoreThree-Dose Vaccination Policy is Reasonable According to Arbitrator
According to our wrongful dismissal lawyer in Toronto, there is a growing list of decisions in the labour context that...
Read MoreIllegal Termination Clauses and Fixed Contracts
Almost all employment contracts include a termination clause. Yet, not all termination clauses are enforceable. The consequences of this can...
Read MoreReturn to Office Looms – What Employers and Employees should know
Now that Labour Day has passed, the expectation is that more Employers will continue to request that their employees return...
Read MoreReprisals under the Occupational Health and Safety Act: Presumptive Remedy for a Retaliatory Discharge is Reinstatement
What is the remedy for a retaliatory discharge due to an employee raising a health and safety issue? Thompson v....
Read MoreThe Impact of Poor Mitigation Efforts for Notice Awards
If you’ve lost your job recently, it is strongly recommended to maintain a log of your efforts to find new...
Read MoreCompensation in Lieu of Reinstatement: Notice Model or Economic Loss Approach?
In an unjust dismissal case, the presumptive remedy an adjudicator can award is reinstatement with back pay. However, under certain...
Read MoreAn Employees Right to Disconnect After Working Hours
A common complaint from employees (and their family and friends) is that they cannot seem to get away from work,...
Read MoreThe Consequences of Bad Behaviour for Cost Awards
It is fair to assume that if one behaves poorly, their actions are more likely going to result in poor...
Read MoreRecent Arbitrator Decision on Two-Dose Vaccination Policy in the Workplace
As Canada continues to move further away from the worst of the pandemic, it is likely some employers may begin...
Read MoreReinstatement or Compensation in Lieu
The presumptive remedy for unjust dismissal is reinstatement with back pay. When tackling the appropriate remedy to award, adjudicators begin...
Read MoreHealthcare Worker Terminated for Refusing Vaccine
Vaccine related decisions continue to be made as we move closer to the halfway point of 2022. We have discussed...
Read MoreExtended Reasonable Notice Due to COVID-19 Not Unique to Ontario Employees
In an earlier blog post, we discussed the potential for courts to increase the notice periods awarded to employees where...
Read MoreOne Unlikely Story, One Voluntary Resignation
In an earlier blog post, we discussed the possibility of employees rescinding, or “taking back”, their resignations. Much of that...
Read MoreThreats in the Workplace: Cause for Termination
Workplace violence, as defined under the Ontario Occupational Health and Safety Act, includes not only physical violence but also statements...
Read MoreBritish Columbia Court Finds Employee Handbook Unenforceable
In a 2021 decision of the British Columbia Supreme Court, Verigen v Ensemble Travel Ltd., an issue was raised regarding...
Read MoreOntario Government Introduces Digital Rights for Employees
Over the last two years, the global COVID-19 pandemic has facilitated significant changes to the way Canadians work. Workplaces have...
Read MoreDuty of Fair Representation Where Union Does Not Challenge Vaccine Mandate
In an earlier blog post this year, we looked at a case suggesting that unions that are unsuccessful in challenging...
Read MoreSecretly Recording Co-Workers: Just Cause for Dismissal?
In a recent decision of the British Columbia Supreme Court, Justice Branch was tasked with determining whether or not “the...
Read MoreUnsigned Employment Contract Upheld by B.C. Court
Many employees might believe that because they never physically signed their written employment agreement, it does not apply to them....
Read MoreNon-Compete Provision Upheld Notwithstanding Working for Workers Act, 2021
In November 2021, the Ontario government passed the Working for Workers Act, 2021, new legislation that, among other things, prohibits...
Read MoreAlberta Court Upholds 4 Week Termination Clause
In Lawton v Syndicated Services Inc., the Alberta Provincial Court upheld a termination clause in an employment contract that limited...
Read MoreTerminating Probationary Employees: Canada (AG) v Alexis
This decision concerns the termination of a public sector employee and the interplay between two pieces of legislation: the Federal...
Read MoreCOVID-19 Vaccine Policies: Failure by Employee to Accept Reasonable Alternative
We have encountered a great deal of arbitration decisions relating to COVID-19 vaccination in the early days of 2022. Most...
Read MoreUnfair Investigation Leads to Termination: Rejected by Courts
On March 7, 2019, Mr. Czerniawski had an argument with a co-worker. The encounter quickly became heated. Emotions were high,...
Read MoreEmployment Contract Successfully Limits Common Law Reasonable Notice
It is well known that employment contracts of an indefinite period (i.e., not fixed term contracts) give rise to a...
Read MoreSuccessor Employers and Reasonable Notice Periods
In the event of a termination without cause, employees are generally entitled to a reasonable notice period. The purpose, of...
Read MoreArbitration: Employee Must Disclose Vaccination Status
An arbitration decision released January 12, 2022 has joined the persistently growing list of decisions upholding COVID-19 vaccination mandates, as...
Read MoreEmailing Your Lawyer from Your Work Email: Solicitor-Client Privilege
In Jean-Sébastien Leroux v. Proex Inc., 2022 ONSC 319, an employee made a mistake that no employee should make: they...
Read MoreFixed Term Contracts as a Form of Reasonable Notice
When considering the duration of an employment relationship, there are two primary options: either the employment period is for a...
Read MoreDuty of Fair Representation in Unions Opposing Mandatory COVID-19 Vaccines
As mandatory vaccine policies continue to be implemented in workplaces across Ontario, many unionized employees are under the impression that...
Read MoreAbandonment or Termination: Wong v Polynova Industries Inc.
Did the employee abandon their employment, or was their employment terminated by the employer? That was an essential question in...
Read MoreVaccine Policy Upheld, Despite Privacy Concerns
On January 4th, only four days into the New Year 2022, Arbitrator Robert J. Herman released a decision regarding a...
Read More“Saving Clause” Does Not Save Illegal Contract
A recent decision of the Ontario Superior Court, Campbell-Givons v. Humber River Hospital, like many others over the past year,...
Read MoreFiduciary Employees: Impact Security Group Inc. v. Brown
In Canadian employment law, not all employees or dependent contractors are alike. Some, by virtue of their high position with...
Read MoreDismissed Employee Turns to UBER Job for Support: Income Held Not to be Deductible from Damages Award
Generally speaking, a wrongfully dismissed employee has a duty to mitigate their damages by seeking alternative employment. If they are...
Read MoreNew CIRB Decision Comments on Manager Exception to Unjust Dismissal
The Canadian Industrial Relations Board has released new decisions concerning the “managerial exception” found in section 167(3) of the Canada...
Read MoreJust Cause for Dismissal, According to the Saskatchewan Court of Appeal
In a recently released decision, the Saskatchewan Court of Appeal was tasked with determining whether or not an employer, the...
Read MoreAge Isn’t Everything: 61-Year-Old Gets 2 Months Notice
We often think of an employee’s old age as being a very commanding consideration in the determination of reasonable notice...
Read MoreMandatory Vaccine Policy Does Not “Force” Employees to be Vaccinated, Says Federal Court
In a recent decision, the Federal Court refused to grant an interlocutory injunction against a COVID-19 vaccination policy. The Applicants...
Read MoreStrong Start to 2022 for COVID-19 Vaccine-Related Terminations
Throughout the previous year, we have seen many workplaces adopt controversial COVID-19 vaccine mandates. To some, it is a necessary...
Read MoreSokoloff Lawyers Successful Injunction Against Former Employee
In a recent decision of the Ontario Superior Court, popular personal injury law firm Sokoloff Lawyers won an injunction against...
Read MoreConstructive Dismissal Resulting in High Damage Award Upheld by Ontario Court of Appeal
Cause for dismissal constructive dismissal employee or dependent contractor Employment Contracts Employment Law General Wrongful Dismissal
McGuinty v. 1845035 Ontario Inc. (McGuinty Funeral Home) is a case unlike many others, in the sense that it involved...
Read MoreThree Days of Work, Three Months of Pay: Dalton v. Fraser Valley Fire Protection Ltd.
Cause for dismissal constructive dismissal employee or dependent contractor Employment Contracts Employment Law General Wrongful Dismissal
Employers should expect to provide some compensation to employees they terminate without cause. The amount of compensation depends on a...
Read MoreWhat Makes a Manager? Saunders v WestJet, an Alberta Partnership
Ms. Saunders was an agency sales representative with WestJet, her employer. She was terminated from this position on July 29,...
Read MoreCERB Continuing to be Deducted from Wrongful Dismissal Damages (Or Not?)
I wrote a blog post this past August discussing the potential impact of Canada Emergency Response Benefit (CERB) payments on...
Read MoreThe Necessity of Consideration – Matijczak v. Homewood Health Inc.
This recent decision of the British Columbia Supreme Court touches on a fundamental principle of contract law: that a contract...
Read MoreMore Evidence that COVID-19 Can Increase Notice Periods
Not long ago, the Ontario decision Kraft v. Firepower Financial Corp. demonstrated the willingness of courts to award higher notice...
Read MoreTTC Union Loses at Court: No Injunction for Vaccine Policy
Cause for dismissal constructive dismissal employee or dependent contractor Employment Contracts Employment Law General Wrongful Dismissal
On September 7th, 2021, the Toronto Transit Commission announced its mandatory vaccination policy. According to this policy, employees or dependent...
Read MoreMandatory Vaccination Policy Found Unreasonable in Arbitration
In early November, 2021, Arbitrator John Stout was tasked with deciding whether or not the mandatory vaccination policy introduced by...
Read MoreBritish Columbia to Give Workers Five Days of Paid Sick Leave Beginning in 2022
It was recently announced that, as of January 1st, 2022, British Columbia will be the first and only province in...
Read MoreThe Consequence of Failing to Mitigate, Even During the COVID-19 Pandemic
The Consequence of Failing to Mitigate, Even During the COVID-19 Pandemic In recent Ontario decisions, terminated employees have been awarded...
Read MoreCurrie v. Nylene Canada Inc. : Reasonable Notice Beyond 24 Months
Currie v. Nylene Canada Inc. : Reasonable Notice Beyond 24 Months It is generally understood in the world of employment...
Read MoreNo Injunction to Prevent Dismissal in Mandatory Vaccine Case
No Injunction to Prevent Dismissal in Mandatory Vaccine Case In the first of inevitably many Ontario court proceedings concerning...
Read MoreThe Right to Disconnect: New Ontario Legislation
The Right to Disconnect: New Ontario Legislation Ontario has recently proposed new legislation aimed towards giving workers the “right...
Read MoreThe Long Haul to Work: Are you Entitled to be Paid for your Commute?
The Long Haul to Work: Are you Entitled to be Paid for your Commute? For some very fortunate employees, it...
Read MoreApology, No Job – A Serious Approach to Sexual Harassment at Work
No Apology, No Job – A Serious Approach to Sexual Harassment at Work The Ontario Court of Appeal recently upheld...
Read MoreOld Age: Reasonable Notice and Mitigation in Hettrick v. Triple F Paving Co. Ltd.
Ms. Beverley Hettrick was hired by her employer in 1996. She worked as a receptionist, bookkeeper and office manager and...
Read MoreReasonable Notice: Length of Service Does Not Require Mathematical Certainty
Reasonable Notice: Length of Service Does Not Require Mathematical Certainty In determining reasonable notice of termination periods, courts today continue...
Read MoreLabour Arbitrator Has Exclusive Jurisdiction Even Over Human Rights Complaints
Labour Arbitrator Has Exclusive Jurisdiction Even Over Human Rights Complaints A recent decision of the Supreme Court of Canada found...
Read MoreThe Relevance Of Employee Sophistication
The Relevance of Employee Sophistication on the Enforceability of “Just Cause” Termination Provisions A recent decision by the Ontario Superior...
Read MoreEmployment Status and Uber Drivers
A popular legal issue in recent years concerns the employment status of workers in the “Gig” economy, such as Uber...
Read MoreNational Day for Truth and Reconciliation: Not a Holiday in Ontario
The federal government passed legislation in June, 2021 recognizing September 30th as the National Day for Truth and Reconciliation. The...
Read MoreMandatory Vaccines: Should We Expect the Same of Judges?
With mandatory vaccine policies becoming more and more common in all different kinds of employment settings and possibly employment contracts...
Read MoreMaterial Non-Disclosure in Ex Parte Application Leads to Court Overturning Order: Constructive Dismissal or Resignation?
Secure Resources Inc., the employer in a recent Alberta Court of Queen’s Bench decision, had been granted an Anton Piller...
Read MoreCan Your Employer Fire you for Attending Protests
Over the past two years, Canadians have seen much larger and more frequent protests than in previous years. In 2020,...
Read MoreThe Changed Substratum Doctrine: Celestini v Shoplogix Inc
The “changed substratum doctrine” presents one way an employee can defeat the terms of their employment contract. In a recent...
Read MoreWrongful Dismissal Damages and Bonus: Koski v Terago Networks Inc
An employee who has been wrongfully dismissed and is entitled to reasonable notice at common law will be compensated based...
Read MoreMitigation Efforts During COVID-19: Extension of Reasonable Notice Period
In the recent Ontario decision Kraft v. Firepower Financial Corp., a dismissed employee was awarded a higher notice period due...
Read MoreSettlements: Sign Now, Not Later
Ideally, productive mediations lead to settlements. Unfortunately, mediations can sometimes take a very long time. It isn’t surprising that after...
Read MoreWhen and Where: The Importance of Time and Place in Bringing Employment Proceedings
The legal process is complicated. When you aren’t familiar with it, it’s easy to make mistakes. Some of these mistakes...
Read More“Just Cause” Termination Provision Upheld: A Temporary Win for Employers
“CannonDesign maintains the right to terminate your employment at any time and without notice or payment in lieu thereof, if...
Read MoreHuman Rights and Vaccines: The Ontario Human Rights Commission Weighs In
As of September 22, 2021, the Ontario government is requiring individuals to prove they are fully vaccinated in order to...
Read MoreMandatory Mask Policies – Not a Violation of Human Rights?
As of September 2021, our country is continuing to slowly reopen. As part of that slow reopening, we have seen...
Read MoreReference Letters and Employer Risk
It is common for those who are leaving their jobs and seeking new employment to ask their former employer to...
Read MoreYour Rights in Ontario: Vacation Time and Vacation Pay
I Need a Vacation! What Are My Rights? Everybody needs a break once in a while. Maybe work is just...
Read MoreWrongful Resignations
It is generally well understood that an employer ordinarily cannot fire you without providing you with either reasonable notice or...
Read MoreAge Discrimination at Work
Age discrimination, otherwise referred to as ageism, can arise in a number of ways in the workplace. Ageism arises wherever...
Read MoreWorkplace Romance: Cause for Dismissal?
Commonly, our workplaces become the places where we spend most of our time. The majority of our day is spent...
Read MoreWhat’s the Difference: Aggravated and Punitive Damages
Apart from receiving damages for wrongful dismissal, a dismissed employee also stands to benefit where aggravated and punitive damages are...
Read MoreWorkplace Investigations Prior to Dismissal
At common law, employers do not have a duty to investigate allegations of misconduct prior to dismissing an employee. However,...
Read MoreAn Employer’s Failure to Act in “Good Faith” May Invalidate Lawful Termination Clauses
An employee who is terminated without cause from their job is generally entitled to receive either reasonable working notice or...
Read MoreIs it Possible to Work Without an Employment Contract in Ontario?
You do not need to sign an employment contract in order to work in Ontario. However, it is also not...
Read MoreEmployment Abandonment
Abandonment occurs where the words or actions of an employee, viewed objectively, would lead a reasonable person to conclude that...
Read MoreBonus After Termination
Many employees ordinarily receive a bonus in addition to their base salary. If such an employee is terminated from their...
Read MoreGovernment of Canada COVID-19 Support Extension
Although approximately 67% of Canadians are fully vaccinated as of August 2021, the Government of Canada is aware that COVID-19...
Read MoreWhen Can An Employee Rescind Their Resignation?
Ideally, you would never resign from a job unless you were absolutely sure that you wanted to. But mistakes happen....
Read MoreInducement: Increased Notice Periods
If your employment has been terminated without cause, you are entitled to either a notice period or to pay in...
Read MoreHow to Fulfil Your Duty to Mitigate
Duty to Mitigate Overview Once dismissed, an employee assumes the duty to mitigate. This means they are expected to minimize...
Read MoreThe Impact of CERB on Wrongful Dismissal Damages
In response to the COVID-19 Pandemic, the Canadian government introduced the Canada Emergency Response Benefit (CERB). The goal was to...
Read MoreFired While Pregnant – How Much Notice?
It is hard to imagine a time where a steady income is more important than when you are bringing a...
Read MoreThe Importance of Language in Employment Contracts: Termination Clauses
Employment contracts are complicated documents. They need to be just right. Any mistake, however small, could potentially be catastrophic. Entering...
Read MoreIs Two Weeks’ Notice Mandatory in Ontario?
That’s it – you’ve had enough. You’re ready to quit your job. You know you’re supposed to tell your employer...
Read MoreCan You Terminate an Employee for Incompetence?
As an employer, you will come to find that there are many different kinds of employees. Some are hardworking, reliable,...
Read MoreCan Your Employer Terminate You for Getting Another Job Offer?
Even if you are happy with your current job, a day might come where you must choose between the job...
Read MoreAre You Working in a Toxic (or “Poisoned”) Work Environment?
Toxic (or “Poisoned”) Work Environments If you are working in an environment where you believe you are the victim of...
Read MoreCan You Be Fired Due to Insubordination?
What is Insubordination? Insubordination, or disobedience, occurs where an employee intentionally refuses to obey an employer’s lawful and reasonable order....
Read MoreWho Is Eligible For Pregnancy / Parental Leave in Ontario?
Employment Insurance and Without Cause Termination
If you have been terminated without cause, you will be eligible to collect Employment Insurance (“EI”). If you were terminated...
Read MoreAre Work Hours Regulated in Ontario?
How many hours per week can your employer expect or require you to work? How many hours per day? These...
Read MoreLayoffs During The Covid-19 Period Can Be A Constructive Dismissal At Common Law
In a recent decision of Coutinho v. Ocular Health Centre Ltd., 2021 ONSC 3076, the Ontario Superior Court ruled that...
Read MoreSaving Provisions In Termination Clauses Do Not Always Save The Day
Employers include termination clauses in the employment contracts to limit employees’ termination entitlements once they are dismissed from work. However,...
Read MoreSeverability Clause Cannot Save An Invalid Termination Provision
In the decision of North v. Metaswitch Networks Corporation, 2017 ONCA 790, the Ontario Court of Appeal (“ONCA”) reaffirmed the...
Read MoreCan Covid-19 Pandemic Have An Impact On The Common Law Reasonable Notice Period?
With the Covid-19 pandemic dragging on, employers have to resort to restructuring and downsizing their business operations to stay afloat...
Read MoreIsolated Incident Without Any Prior Progessive Discipline Does Not Justify Termination For Just Cause
In the recent decision of Czerniawski v. Corma Inc., 2021 ONSC 1514, the Ontario Superior Court of Justice ruled that...
Read MorePregnancy-an Important Factor In Determining The Length Of Reasonable Notice Period
In a recent decision of Nahum v. Honeycomb Hospitality Inc., 2021 ONSC 1455, the Ontario Superior Court ruled that pregnancy...
Read MoreThe Obligation To Notify: Enforcebility Of Harsh And Oppressive Terms In The Employment Contract
In the decision of Battiston v. Microsoft Canada Inc., 2020 ONSC 4286, the Ontario Superior Court of Justice ruled that...
Read MoreUnenforcable Termination For Cause Provision Can Render Entire Termination Provision Invalid
In 2020, the Ontario Court of Appeal held in Waksdale v Swegon North America Inc., 2020 ONCA 391 that if...
Read MoreLong Term Disability Claim Denials For Covid-19 Long-Haulers
With the rampant growth of the Covid-19 cases, there are more and more employees who have unfortunately contracted the virus...
Read MoreWhat You Need to Know About Vaccination in the Workplace
As vaccination roll-out has been implemented across the country to combat the spread of Covid-19 and reduce the community transmission,...
Read MoreWhat You Need to Know About Family Caregiver Leave in Ontario
If one of your beloved family members has fallen sick due to the resurgence of Covid-19 cases, you may consider...
Read MoreWhat You Need to do if You are Laid Off by Your Employer
Employers have taken initiatives to downsize their businesses due to the economic downturns caused by the rampant Covid-19 cases. Therefore,...
Read MoreA Guidance on How to Maintain Workplace Safety During the Covid-19
Employers have an obligation to provide a safe work environment free from dangers under the Occupational Health and Safety Act....
Read MoreWhat You Need to Know About a Fixed-Term Employment Contract
In this blog, we will explore some common issues that a fix-term contract employee may have in their employment relationship....
Read MoreThe Difference Between Layoff and Termination
Termination vs. Layoff Terminations and layoffs are not the same concept in law. While many people may use these terms...
Read MoreChanges in the Employment Law Due to Covid-19: What You Need to Know
Employees are facing new challenges in their workplace due to the Covid-19 pandemic. In this blog, we would like to...
Read MoreCan I Be Terminated For Taking a Vacation During the Covid-19 Pandemic?
With the covid-19 pandemic rules set in place for over a year, quite a few people have been considering whether...
Read MoreCan I Be Terminated For Cause For My Public Actions Or Off-Duty Activities?
Recently, a number of Canadian politicians and high-profile officials at the corporations either had to step down from their office...
Read MoreYour Employment Rights During Covid-19
The advent of the Covid-19 pandemic has reshaped the traditional working styles and reimagined the roles of offices in the...
Read MoreWhat You Need to Know About New Administrative Monetary Penalties Under the Canada Labour Code
It is important for federal regulated employers to be aware of the newly introduced administrative monetary penalties under Part IV...
Read MoreLayoff, Temporary Layoff and Termination During the Covid-19
The severity of the Covid-19 pandemic has exerted a huge impact on the Canadian economy, forcing employers to scale down...
Read MoreRecalling Employees to Work from a Temporary Layoff
A Guidance on How to Recall Employees to Work from a Temporary Layoff With the community transmission of Covid-19 cases...
Read MoreHow to Restrict a Departing Employee from Taking Clients from Business
Taking Clients From Former Employers It is common for employers to restrict their employees’ ability to work for a competitor...
Read MoreInfectious Disease Emergency Leave
About Infectious Disease Emergency Leave Employees are entitled to take infectious disease emergency leave if they are not performing job...
Read MoreIllegal Questions During a Job Interview
Illegal Interview Questions Employers can hire a job applicant according to their personal preferences. However, when it comes to asking...
Read MoreWorkplace Safety and OLRB Complaint
The Occupational Health and Safety Act (OHSA) stipulates that employers have a duty to protect their employees from health and...
Read MoreWhat Should I Do If I Am Being Harassed At Work?
From outright discrimination to workplace bullying, employees can be harassed in a number of ways at work. It is important...
Read MoreMy Employer Is Forcing Me To Leave My Job, What Should I Do?
Generally, the law provides some protection to employees when the employer wants to fire them. For example, the Ontario Employment Standards...
Read MoreConstructive Dismissal During Covid-19
A constructive dismissal is where an employer makes a substantial change to the terms of an employee’s employment without the...
Read MoreCan My Employer Fire Me If I Don’t Want To Go To Work Because Of Covid-19?
Employees nowadays are worried about getting back to work, given the severity of the Covid-19 pandemic. They are afraid of...
Read MoreWrongful Dismissal FAQ
9 Most Popular FAQ about Wrongful Dismissal 1. Does my written employment contract encompass all my rights? In Ontario, all...
Read MoreSick Day in Ontario
If an employee is sick, incapacitated or hurt physically for any reason, they can take days off work. The days...
Read MoreShould You Accept Alternate Work In Same Company
Sometimes, after an employee is constructively dismissed or terminated, the employer later offered them a job at the same company....
Read MoreHow COVID-19 Impacted Employment Insurance in Ontario
COVID-19 has brought about significant impact on Canadian economy and therefore resulted in considerable instability in the labour market, and...
Read MoreEmployment Insurance Improvements
Since 2016, the Government of Canada has been making improvements to the Employment Insurance (EI) program, in order to better...
Read MoreBasic Worker Rights in Ontario
3 BASIC RIGHTS OF WORKERS IN ONTARIO-WHAT YOU MUST KNOW Every person employed in Ontario has the right to work...
Read MoreSigns of Toxis Workplace
5 SIGNS YOU ARE IN A POISONED WORKPLACE All employees have the right to work in an environment free from...
Read MoreRules of Termination in Ontario
List of Rules Which Apply to Ontario Employers in Cases of Mass Termination Pursuant to section 58(1) of the Employment...
Read MoreReinstatement Rights in Ontario
What is Reinstatement Reinstatement can occur under certain circumstances where an employee who has been terminated is entitled to resume...
Read MoreWorkplace Suspension in Ontario
What is Workplace Suspension Work suspension occurs when an employer relieves an employee of their duties, but the employment relationship...
Read MoreTermination Lawyer Toronto
An 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.”
Read MoreTermination for Poor Performance
Guide on How to Terminate an Employee for Poor Performance Under the Canadian jurisprudence, the threshold of terminating an employee...
Read MoreHOW TO RESTRICT A DEPARTING EMPLOYEE FROM TAKING CLIENTS FROM BUSINESS
Taking Clients From Former Employers A common issue when employees leave a company for a competitor or start their own...
Read MoreEmployment Insurance Entitlements after Termination
Employees are usually terminated with two classifications. Either the termination is with cause or without cause. The latter is usually...
Read MoreCan Your Employer Reduce Your Salary?
Employers cannot alter a fundamental term of your employment without first letting you know. If they do, they put themselves...
Read MoreCan Employers Change Your Work Schedule?
Different workplaces have differing expectations of an employee’s schedule of work. An employee who has been with a company for...
Read MoreBringing Claims After An Executed Release
After a termination has occurred, employers are quick to offer their dismissed employees a full and final release to be...
Read MoreBonus Payments During Notice Periods
In the case of Singer v. Nordstrong Equipment Limited, 2017 ONSC 5906, the court held that while the Plaintiff was...
Read MoreNo Interruption in Employee’s Length of Service Despite “New” Corporate Structures
The Ontario Court of Appeal released its decision and confirmed that courts will overlook the differing corporate structures utilized by...
Read MoreNot All Contract Breaches
A B.C. Court recently held that an employer did not have just cause to dismiss an employee even though the...
Read MoreAbsenteeism and Lateness in the Workplace
This 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.
Read MoreWorkplace Sexual Harassment
This 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.
Read MoreShort Term Disability, Long Term Disability and Frustration of Contract
This 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.
Read MoreRemedies Available in Human Rights Claims
This 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.
Read MoreProbationary Period Rights in Ontario
This 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.
Read MoreOvertime Pay in Ontario for Salaried Employees
This 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.
Read MoreFamily Status Discrimination
Section 5 of the Ontario Human Rights Code (the “Code”) protects from discrimination and harassment in the workplace, including on the basis of family status.
Read MoreHuman Rights and Discrimination in Employment Law
This 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.
Read MoreDefamation in the Workplace
Defamation, as a legal concept, requires three things to be established on a balance of probabilities before a comment is considered defamatory.
Read MoreDuty to Accommodate in Employment Law and Undue Hardship
Employers 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”
Read MoreKatz et al v Clarke: The Duty to Accommodate, Frustration of Contract and Termination
The 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.
Read MoreNew Law About Overtime Pay
Bill 66 is a new bill in Ontario that will have very real consequences for employees. In particular, there are...
Read MoreSexual Harassment
Sexual harassment is an unfortunately reality in today’s society, and workplaces are not immune. However, everyone has the right to...
Read MoreLargest Monetary Award for Constructively Dismissed Employee
The Superior Court of Justice awarded $1.3 million to a constructively dismissed employee who was on a fixed-term contract. This...
Read MoreEntitlement to a Pro-Rated Bonus
In the recent case Andros v Colliers Macaulay Nicolls Inc., 2019 ONCA 679, the Ontario Court of Appeal discusses entitlement...
Read MoreAndros v Colliers Macaulay Nicolls Inc., 2019 ONCA 679: Interpretation of Termination Clauses
In Andros, the Ontario Court of Appeal discussed the interpretation of a termination clause. There were discussions regarding ambiguity within...
Read MoreConfidentiality Provisions in Settlement Agreements
Settlement privilege applies during settlement negotiations and could potentially extend to completed settlement agreements (Sable Offshore Energy Inc. v Ameron...
Read More“Equal Pay for Equal Work” in Ontario
You may have heard the phrase “equal pay for equal work”. In Ontario, this means that an employer cannot pay...
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In Ontario, an employer can terminate an employee for “just cause”, meaning they have a legitimate reason to dismiss them...
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The ONCA dismissed the appeal of the Appellant (Defendant) in the case of Keenan v. Canac Kitchens, 2016 ONCA 79....
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What is a Personal Services Business? A person services business (PSB) is a business operating as a corporation that provides...
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What is a Dependent Contractor? A workers relationship generally falls into one of three classifications: employee, dependent contractor or independent...
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Employers in Canada are bound under both federal and provincial legislation to provide reasonable notice or pay in lieu of...
Read MoreReview of most recent updates to Labour and Employment Law under BILL 66 in Ontario
Bill 66 is a new bill that was introduced in Ontario on December 6, 2018. Its official name is the...
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If you have recently been terminated from your job, there is no doubt you will have questions. For example, you...
Read MoreWatch Mr. Ball making a winning argument before the entire Supreme Court of Canada
A Toronto company is inviting legal trouble with an ad specifically seeking female applicants because the job involves receptionist work,...
Read MoreGlobal News November. 23, 2015
A Toronto company is inviting legal trouble with an ad specifically seeking female applicants because the job involves receptionist work,...
Read MoreITWC Talks Published on July 24, 2014
Rafael Ruffolo sits down with Stacey Ball, an employment lawyer with Ball & Associates. How to Get the Severance Package...
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